In brief
In a controversial decision, the Mexican Congress has enacted legislation enabling constitutional amendments without judicial review, raising alarms about unchecked governmental authority.
On October 30, 2024, the Mexican lower house of Congress approved a contentious bill that would prevent any legal challenges to constitutional amendments. This includes oversight from the Supreme Court, allowing lawmakers significant latitude to modify the national charter without judicial intervention. The bill, previously passed by the Senate, is expected to gain rapid approval from state legislatures before reaching the president's desk for final endorsement. Critics, including legal scholars and human rights advocates, argue that the legislation undermines the necessary checks and balances within the government, granting the ruling Morena party considerable power to instigate major legal changes without accountability. Guadalupe Salmorán Villar, a Mexican researcher specializing in global rule of law and constitutional democracy, warned, “This reform, if it passes, does place us in a context of an exercise of unlimited power,” referring to the potential erosion of judicial oversight.In defense of the bill, Morena lawmaker Olga Sánchez Cordero clarified that while the courts would be barred from assessing the substance of constitutional revisions, challenges based on procedural missteps would still be permissible. She emphasized that the legislation would establish a clear process for evaluating constitutional amendments, addressing existing ambiguities in the Constitution.As Mexico navigates a politically fraught landscape, where tension mounts among major branches of government, this development could signify a pivotal shift in the balance of power, prompting both domestic and international scrutiny.
