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Mexico Enacts Controversial Law Limiting Judicial Review of Constitutional Amendments

The newly passed legislation eliminates judicial scrutiny on constitutional changes, raising concerns about unchecked governmental power.

By Emiliano Rodríguez Mega and Natalie KitroeffSource: nytimes.com1 min read
Mexico Enacts Controversial Law Limiting Judicial Review of Constitutional Amendments
Image via nytimes.com

In brief

On October 30, 2024, Mexico’s lower house of Congress advanced a contentious bill that restricts the ability to legally challenge constitutional amendments. With the Senate's previous approval, the law will allow politicians to alter the country’s constitution without any judicial examination, even bypassing the Supreme Court. Critics, including legal scholars and human rights advocates, argue that this effectively removes judicial checks and will enable the ruling Morena party to implement significant legal alterations without accountability. The foundation of this legislation comes amid rising tensions between major government branches, signaling a potential power shift that calls into question the integrity of Mexico's democratic processes. Proponents of the law assert that it establishes a clear method for constitutional modifications, ensuring procedural challenges remain available. Critics counter by emphasizing the inherent risks of granting the government unbridled authority over fundamental legal structures.

The details of the bill are set for finalization shortly, with widespread approval anticipated from state legislatures, paving the way for the president's endorsement. Legal experts like Guadalupe Salmorán Villar warn that the reforms reflect an "exercise of unlimited power." As the legislation progresses, concerns mount regarding the implications for democracy and the balance of power within the Mexican government.

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