Today, in Mexico, we are witnessing the dangerous prelude to what could be classified as a Technical Coup from Congress.
By Ramón Alberto Garza
Today, in Mexico, we are witnessing the dangerous prelude to what could be classified as a Technical Coup from Congress.
The Chambers of Deputies and Senators openly collided with the Judiciary yesterday, seeking to strip it of its status as the final legal authority in constitutional matters.
If the initiative presented by Deputy Ricardo Monreal and Senator Adán Augusto López is approved, the Legislative Power would have the final say in legal matters, above judges, magistrates, and Supreme Court ministers.
The controversial initiative was presented with the presence of Luisa María Alcalde, president of Morena, and Andrés López Beltrán, secretary of organization of Morena and son of former president Andrés Manuel López Obrador. In other words, it is a partisan reform to give Morena absolute control of the national legal system.
If the Qualified Majority in Congress approves this initiative, the Judiciary would cease to be the final constitutional authority, and the right of Amparo would apply only to the complainants, but would never set a precedent.
The surprising and dangerous initiative presented by Ricardo Monreal and Adán Augusto López, with the presence of Morena leaders, aims to prevent constitutional controversies and make the Legislative Power, partisan, the final authority on reforms, not the Judiciary. A dramatic change that would place political affiliation above the Law.
The coup lies in the fact that the Legislative Power is promoting that constitutional controversies are not challengeable and that legislators always have the final say.
In other words, the role of the Judiciary, including the Supreme Court, as a legal arbiter is nullified, and power is transferred to deputies and senators, who have partisan interests and, with the qualified majority that Morena holds today, would become the balance tilted towards the interests of the president and the ruling party.
Dramatic, to say the least. Dictatorial, because the ruling party would end up dominating the Executive and, with the Qualified Majority imposing its Law in the Legislative, would end up taking over the functions of the Judiciary, which it nullifies.
It is a major shake-up of the Mexican political system, which would cease to rest on the balance of the three powers to transition to a partisan autocracy, without the right to reply, with the Legislative and Judicial powers. A partisan dictatorship disguised as democratic consensus.
The regression is atrocious, the attempt is undemocratic, and the proposal places poorly prepared legislators with partisan affiliation at the head of the judicial system, which is reduced to legitimizing what those false majorities dictate.
This is the first experiment practiced by the so-called Qualified Majority on constitutional reforms, which, with their proposal, become the exclusive domain of the ruling party, that is, Morena.
This, in fact, is a Technical Coup. The subjugation of the Judiciary to the whims of the Senate and Chamber of Deputies coordinators. End of the balance of powers.
A populist legislator will have more authority than a judge – magistrate or minister – who prepared for years to face the challenge of justice. What already happened in Cuba and Venezuela in their time. Are they copying the script?
The dramatic aspect of the coup attempt from the Legislative Power is that the reform they promote is retroactive, which is an explicit admission that the Supreme Court does have influence over the Judicial Reform.
The dramatic aspect of the coup attempt from the Legislative Power is that the reform they promote is retroactive, which is an explicit admission that the Supreme Court does indeed have influence over the Judicial Reform.
The controversial Monreal-López proposal also eliminates the possibility of blocking a reform based on legislative vices and eliminates the possibility that sentences by international courts have validity.
To say it in a few words, we are facing the establishment of a parliamentary dictatorship that de facto eliminates the division of powers. Neither could the president act with all freedom if she did not pass through the approval of the Congress duo, nor could the Judicial Power get ahead or block its initiatives because they are changing the rules of the game. They are nullifying them.
Will these be the new rules of the new regime that is being outlined from The Chingada? Yes, the one from Palenque.
Source: Codigo Magenta
