If we start from the obvious fact that the judicial reform it’s not going to disappear Power of attorney constitutional, then the debate is being biased as a political argument: by decision of structural reforms of presidents Carlos Salinas de Gortari and Ernesto Zedillo, the arm of the application of the law was biased in the systemic reorganization model of the neoliberalism from balance to a true counterpower.
In the years of neoliberalism, the Power of attorney It was used to prevent any type of mobility, resistance or subsistence of the old Mexican constitutional model of the populist presidential political system, the Constitution to give it a profile of market hegemony to the detriment of the State and the judiciary was empowered to change the structural terms of the regime: from presidential to judicial-constitutional, via the power of the Court to determine unconstitutionalities that responded to criteria of weakening political balances , productive and presidential social.
As President of the Supreme Courtthe Minister Norma Piña Hernandez He had legal qualifications, but he lacked political sensitivity: he did not know how to process the power style of the President Lopez Obradorhe believed the neoliberal propaganda of the division of powers still in the theoretical framework and defined his management at the head of the federal Judiciary in that constitutional ceremony in which he did not stand up before the arrival of the head of the federal Executive Branch, minor details that in the political code of the PRI system continue to have a lot of protocol value.
The president’s judicial reform initiative does not change the three-branch regime, if it is taken into account that the Executive and Legislative have had procedural changes regarding the appointment of holders, and that it will now be discussed – in the official explanation scenario — to involve society also in the area of the Judiciary.
If the government initiative is understood correctly, the background of the reform seeks to end the period of the Supreme Court of Justice as a counterpower to the power structure of the presidential model that is still very much in force. The total autonomy of the judicial model was placing the Court as a dominant power over the constitutional powers of the federal Executive, including those meta-constitutional powers and the real power structure that the presidents of the Republic of the neoliberal cycle 1982-2018 did not modify, and that The heads of the Executive of this period gave up decision-making capacity for the sake of the presidential model of the neoliberal market system that transferred the central part of the State’s decision-making power to the different market factors.
Perhaps in a Kelsenian way, Minister Piña assumed her position from the point of view of pure legal theory, without understanding that the balance of power in Mexico moves in terms of the dynamic tension model, where the strength of one sector advances while weakening the others. This means that in Mexico there was no transition to democracy as José Woldenberg, Lorenzo Córdova Vianello and their academic group from the Institute for Studies of the Transition to Democracy have naively tried to sell, which took the electoral apparatus of the IFE/INE by storm and that recent events have given Mauricio Merino more reason in his argument that the Mexican transition was only a mere electoral reform to respect the vote.
There was no transition to democracy so much that the transition to alternation did not modify power structures or pragmatic faculties and the illusion of transition was created with the PRI strategy of accepting the transfer of powers, but not in terms of a structural reorganization but only by neoliberal economic mandate. The severe dominant PRI State continued in force in neoliberalism with the PAN and then with the PRI, until López Obrador arrived and took advantage of the PRIAN’s reorganizational naivety to recover the State’s capacity for economic management of the leadership of the extremely powerful Mexican public sector.
Minister Piña lived in the theoretical limbo of the pure theory of law, she confronted the constitutional reform initiatives of López Obrador without political sense and did not open any channel of political understanding with the Executive Branch, but on the contrary seemed to feel satisfied with theoretical discourses of judicial autonomy.
The electoral result of last June 2 made Minister Peña wake up from her comfortable dream of an autonomous Judiciary and showed that the old power apparatus that the PRI founded and that did not modify in its neoliberal cycle returned through democratic electoral means to rebuild the systemic order of the regime.
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