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Lawmakers in Mexico City this week began to push through a sweeping constitutional reform that would see Mexicans select judges at all levels of government through elections, a procedure that legal experts say would turn Mexico into an international outlier.
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López Obrador, a popular leftist, says the overhaul is necessary to rid the judiciary of corruption and ensure its responsive to the popular will. Critics of the reform call it a power grab that will expose one of the last remaining checks on presidential power to political influence.
“I see this as a constitutional crisis,” said Mariana Campos, the general director of México Evalúa, a civil society organization. “The judiciary has been a counterweight for the executive and the legislative branches, and the president and his political group believe that they can’t advance their objectives with this type of counterweight.”
Opposition to the reform has quickly manifested into monumental schisms, with the country’s Supreme Court justices voting this week to join a nationwide protest of judicial workers grinding most legal proceedings to a halt.
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On Tuesday, protesting judicial staff blocked the entrance to the lower chamber of Congress, forcing lawmakers into an overnight session held in a sports complex, with basketball hoops hanging overhead.
Why has Chambal Fertilisers and Chemicals Limited (CHAMBLFERT) performed so strongly recently ✌️【Capital】✌️ Real-time global stock market trend analysis to help you identify profitable opportunities and improve your investment strategies. Still, even critics of the reform acknowledge it appears likely to move swiftly through the Mexican legislature with the president’s political party exerting wide margins of control.
Under the current law, Supreme Court judges in Mexico are nominated by the president and must be approved in the Senate. Federal judges are selected by a judicial commission that uses professional exams and coursework to evaluate candidates on a meritocratic basis.
If the reform passes, judicial elections would take place next year after a period of campaigning. About 7,000 judges would be required to battle for their seats, or turn the gavel over to the most popular candidate.
Under the new procedures, candidates for judicial postings will have to submit applications and be nominated to run in an election by evaluation committees within the executive, legislative, and judicial branches.
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“The method of designating candidates to judicial positions favors their proximity to political authorities, political parties or judicial leaders,” the analysis said.
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“The government is creating an institutional infrastructure that will permit external pressures on judges so that they’re not necessarily responding to the law and the facts, but rather trying to look good in order to be able to maintain their position,” Campos, with México Evalúa, said.
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Defenders of the reform have also pointed to the United States as an example of a long-running model for judicial elections. But the comparison between the two countries is inadequate, said Michael Nelson, a political science professor at Pennsylvania State University who studies judicial systems around the world.
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“The Mexico proposal is not coming out of nowhere – this isn’t people sitting around in Philadelphia in the 1700s saying how should we design a judiciary,” he said. “(Voters) are going to remember that these elections came about because thepresident was angry at the courtsand their experience of the election is going to be filtered through that.”
Legal experts say the closest benchmark to weigh the Mexican reform against comes from Bolivia, the small Andean state which in 2011 became the first modern country to directly elect its federal judges.
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But opinion polls measured a decrease in public confidence in the Supreme Court after the reform took hold, the research found.
“Even if changes are perfectly designed and adopted with broad consensus, if the public perceives the process to have been politicized then public faith in the resulting institutions may be in jeopardy,” said Florida State University professor Amanda Driscoll, one of the authors of the paper.
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