“…While the Power of attorney considered… as a branch of public administration, the appointment of judges could well be entrusted to the Executive, either on its own, or with the intervention of the Legislature; from the moment in which the inviolability of the Constitution has been entrusted to that power, and the examination and judgment of the laws themselves in relation to the supreme law, the election of judges cannot be entrusted, but to the people…” convincingly stated José María del Castillo Velasco, constituent of 1857.
In the Constitutional State, all rights should have a democratic origin and institutions must derive from sovereignty, as enshrined in article 39 of the Mexican Constitution, which provides that: “National sovereignty resides essentially and originally in the people. All public power emanates from the people and is instituted for their benefit. The people have at all times the inalienable right to alter or modify the form of their government.”
The approach of the constitutional reform initiative of the Government of the Fourth Transformation which proposes that the dispensers of justice in Mexico come from the people, democratically elected by popular vote, is neither an aberration nor a novelty, in this country, there have been various methods of appointment of ministers, which have been modified in different moments in history, from 1824 to date we have had at least eight different methods of appointing ministers; In the Reform Act of 1847, it was foreseen that the election of ministers would be direct by citizen vote, although this reform did not materialize. The current method derives from the 1994 constitutional reform, in which it was established that the ministers will be chosen by the Senate from the list sent by the president; if the Senate does not elect in the following 30 days, the president chooses them.
According to the content of the initiative reform to the Constitution for the method of electing judges, magistrates and ministers in Mexico starting in 2025, there are already international references for popular election for these positions, in countries such as Bolivia, the United States and Switzerland, which provide for the election in their constitutions. of judicial officials through direct scrutiny in a variety of nuances.
The main objectives of the reform of the Judicial Branch are: 1. A new integration of the Supreme Court of Justice that guarantees efficiency, austerity and transparency in the Supreme Court; 2. The popular election of ministers, magistrates and judges, to grant democratic legitimacy to those administering justice; 3. Replacement of the Federal Judiciary Council, to establish independent administrative and disciplinary bodies, and; 4. New procedural rules. That they provide certainty, expeditious justice and balance between powers.
In this sense, the elected president Claudia Sheinbaum presented a program of priority reforms to be discussed in the month of September, in said program she established the route for the reform to the Power of attorney, From which I derived the carrying out of a citizen survey to find out what the people of Mexico think about judges, magistrates and ministers of the SCJN.
From the survey it turned out that 75% of those surveyed consider that the ministers of the Supreme Court of Justice of the Nation must be elected by the citizens, 81% considered that there should be a reform to the Power of attorney.
The reason for being Power of attorney is that there is justice; The democratization of this is necessary and cannot be postponed, as is the reform that involves the fight against corruption and a prompt and expeditious administration of justice.
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