The reform to the Judiciary proposed by AMLO has been the most commented note in recent weeks for leaving the Supreme Power of the Federation. The foundation of the democracies Westerners have as their base of government the division traditional in three powers: Executive, Legislative and Judicial, which are justified by functional needs and mutual control. The theory of division of powers It is not new, its formulators were John Locke (1632-1704) and Montesquieu (1689-1755). Both started from the need for decisions should not be concentrated, so the organs of power must control themselves through a system of checks and balances. These Ideals moved humanity away from the obscurantism of the Middle Ages towards destinations where freedom and equal opportunities are rights in the most advanced democracies today.
In Mexicoour Constitution Until today, it divides the Supreme Power of the Federation, for its exercise, into the Executive, Legislative and Judicial Branches.
1) The executive power governs in accordance with the provisions of the legislation. Its head is the Constitutional President of the United Mexican States who, for the execution of his duties, has the legal power to appoint his closest collaborators: the Secretaries of State and the Attorney General of the Republic.
2) The Legislative Branch It is deposited in the Congress of the Union, which is responsible for issuing laws that regulate the internal structure and functioning of the Mexican Republic through its two Chambers, one of Deputies and the other of Senators.
3) The judicial power of the Federation is in charge of monitoring compliance with the Constitution and the laws. To this end, it ensures that the Constitution is the supreme law and that there is no law or norm that contradicts it. Its highest court, the Supreme Court of Justice of the Nation (SCJN), also resolves disputes between the Federation and the federal entities.
The reform proposed by AMLO proposes the renewal of all the that make up the Judicial Branch. The 1,633 magistrates Circuit and judges of District, if they want to continue, they must be elected by popular vote, not for competition. Not so for those who discern the most relevant issues of the nation, the ministers of the SCJNthe magistrates of the Electoral Court (TEPJF) and those of the new Disciplinary Court (TDPJF) must be chosen among 30 proposed candidates10 for each of the 3 powers.
The 10 candidates that will be proposed by the Executive Branch and the 10 by the Legislative Branch will be for Morena supporters. So that the 10 candidates proposed by the Judiciary are also from Morena, the reform of the Judiciary will be exercised from 2025, once the replacement nominated by AMLO is installed to replace Minister Luis María Aguilar Morales whose term ends on November 30. The 10 candidates proposed by the Judiciary must count, not with 8 votes of the ministers as required by law, but with 6 of the 11 votes… exactly the number of ministers who will have been appointed by AMLO.
With the majority in SCJN of the Power of attorneythe qualified majority in the Legislative Branch and the new law revoking the mandate of the Executive Branch, the counterweights pass from the country to the people. For AMLO, the people are him. Like the apocryphal phrase: “L’etat c’est moi” (The State is me) awarded to Louis XIV, the last vestige of the Middle Ages.
Dear reader:
Although the last eight predecessors by AMLO They left a little-heard Mexico, AMLO’s medieval reforms will leave Mexico silenced.
Grab a ride.
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