Three points on Mexico’s judicial vote

by Luis Rubio.

Judicial reform reaches its critical moment this coming Sunday. After the constitutional reform was approved last September, this Sunday citizens will vote for judges, magistrates, and justices of the Supreme Court of Justice. There is no precedent in the world (with the small exception of Bolivia) where a country has undertaken an exercise of this nature. The requirements for someone to aspire to one of these positions were minimal and unrelated to the function they are to perform. In fact, the most important requirement was having been approved by a panel in which Morena had a majority in almost every case. However, this does not mean that Morena is (or acted as) a monolithic bloc; rather, everything indicates that the candidates for the various positions reflect the diversity of interests within Morena’s factions and some societal groups, including organized crime.

The main argument used to justify the election was that democracy means electing judges directly by the electorate. The logic behind this is a literal interpretation of democracy, as opposed to the traditional liberal definition, which includes checks and balances. Above all, the reform rejects the notion that the role of the judiciary is to interpret and enforce the law, and, in the case of the Supreme Court, to resolve “ties” between the other two branches of government — the executive and the legislative.

Three considerations about what lies ahead: