# The Fetish of Popular Election of Judges: Rosendos to the Rescue
### By Juan Marcos Gutiérrez González-Irigoyen
As we discuss the potential movement towards the popular election of judges in Mexico, it is crucial to understand the legal framework and implications behind such reforms. The current Constitution requires that any amendment be approved by 67% of legislators from each Chamber, along with more than half of the state legislatures. However, recent political maneuverings indicate a desire to establish a majority that could force through controversial judicial reforms.
### Legal Constraints and the 4T Administration
The argument against the current oversimplified representation can be better comprehended by examining sections IV and V of Article 54 of the Constitution:
– **IV. No political party may have more than 300 deputies by all means.**
– **V. In no case may a political party have a number of deputies that exceed by eight percentage points their percentage of the national vote.**
Despite these clearly defined limits, the 4T administration is attempting to accumulate votes through a coalition while distributing seats as if they competed individually. Their combined votes did not exceed 54% for the Chamber of Deputies, thus under the best circumstances, they could manage 62%. However, the 4T needs a 67% majority to amend the Constitution and push through with making judicial roles subject to popular vote.
### Double Attack on Human Rights
Such moves not only threaten judicial independence but also represent a twofold assault on human rights. This covers both the proposed reform for the popular election of judges and the recent changes to Articles 129 and 148 of the Amparo Law, which significantly weakens judges’ ability to suspend acts and laws that infringe human rights.
If the 4T succeeds, a fictitious majority will be able to pass such judicial reforms, leading to dependence on international justice, specifically the Inter-American Court of Human Rights (IACHR). The IACHR has previously held Mexico accountable in landmark cases—namely, Rosendo Cantú vs. Mexico and Rosendo Radilla vs. Mexico, demanding legislative adjustments compatible with international human rights standards.
### Implications and International Obligations
Particularly in the Rosendo Cantú case, the IACHR necessitated an effective judicial resource in 2010. This was reflected in the New Amparo Law of 2013; however, recent modifications in June 2024 reduced judicial powers. Upholding the IACHR’s standard for an “effective resource” requires independent tribunals, a principle that seems jeopardized by the proposed reforms.
If the election reforms strip away an effective legal recourse and compromise judicial independence, Mexico violates existing IACHR rulings, particularly the Rosendo Cantú verdict. Consequently, necessary measures will be taken to seek the IACHR’s intervention regarding these amendments.
Defending the Rosendo Cantú and Rosendo Radilla rulings is to protect an essential aspect of our terminal human rights protection.
Juan Marcos Gutiérrez González-Irigoyen is a legal scholar, former federal deputy, ex-consul of Mexico in the USA, Undersecretary of the Interior, and ex-judge of the Federal Court of Fiscal and Administrative Justice. Contact: juanmarcos@jmgutierrezyasociados.mx
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### Secondary Article: Push for Judicial Reforms Continues Amid Controversy
In related developments, the debate surrounding the popular election of judges remains contentious. Critics argue that such changes would undermine judicial independence and potentially politicize the judiciary. Proponents believe it could enhance accountability and representation in the judicial system. The ongoing disputes highlight the fragile balance between maintaining judicial integrity and implementing democratic reforms.
As this issue unfolds, international observers and legal scholars are closely monitoring the implications, gauging the potential impacts on Mexico’s legal system and its commitments to international human rights standards.
Stay tuned to TJGringo.com for comprehensive updates and analyses on this developing story.