These are not traditional coups d’état, where democracy breaks down overnight, but rather the death of democracy through a thousand cuts, with none being decisive. According to jurist Roberto Gargarella, this is a more insidious threat that slowly erodes democratic institutions.
The Supreme Court of Justice (SCJN) in Mexico will meet next Tuesday to consider a draft ruling by Minister Juan Luis González Alcántara Carrancá that invalidates the election process for judges and magistrates. This comes despite the swift approval of a reform incorporating “constitutional supremacy” into articles 105 and 107 of the Magna Carta, as estimated by Latin American jurist Roberto Gargarella.
In an interview with “Aristegui en Vivo,” Gargarella warned that Mexico’s ruling party, Morena, led by President Claudia Sheinbaum, is “fleeing forward” with the approval of “constitutional supremacy,” a reform aimed at nullifying challenges to the judicial reform presented to the Supreme Court.
Gargarella stated that the judicial reform seeks to colonize the Judicial Branch by politicians in power, posing a threat to Mexico’s democratic system. This colonization affects the division of powers and judicial independence, two fundamental pillars of democracy, both in Mexico and globally.
With the reform on the reform, it appears as though the Mexican government is attempting to escape a legal issue and transform it into a significant political problem that resembles contemporary forms of coups d’état.
“It is an attempt by one of the branches of power to break the essential basis of the control system,” Gargarella said, referring to the reform on “constitutional supremacy” approved in Mexico to prevent the Supreme Court from partially invalidating the judicial reform.
Gargarella recalled that Mexico has signed international treaties on human rights, which commit it to respecting basic principles and the division of powers. He hopes that the Plenary of the Court will declare the reform unconstitutional next Tuesday.
‘Coup d’état’ colonizing the Judicial Branch
Gargarella questioned the approval of the reform on “constitutional supremacy,” warning that it aims to impose obstacles for democratic controls on the actions of two powerful branches: the Legislative and Executive. He added that this reaffirms the gravity of the path undertaken by the Sheinbaum government, putting Mexican democracy at risk.
For 10 or 20 years in Latin America, coups d’état have been carried out differently, such as “the colonization” of control bodies by leaders with significant political power, eventually leading to breaches in democratic rules. Gargarella explained that this new modality has led to interruptions in the democratic order throughout the region.
Today, coups d’état are executed through the colonization of control bodies. In this context, he warned that disregarding a Supreme Court ruling by citing “constitutional supremacy” puts Mexico in an extremely high-risk territory, alerting the international legal community. The Mexican Presidential Power may be advancing from one illegality to another, following a path that has a lot to do with contemporary forms of coups d’état.
They are not coups d’état that break democratic order overnight but the death of democracy through a thousand blows, a thousand cuts, none being decisive. This is about to occur with a blow to the main artery of republican representative democracy.
Prudence and military power
Gargarella ruled out the possibility that the operators of the justice system in Mexico have wanted or started a war against President Claudia Sheinbaum. Instead, he attributed the current constitutional crisis in Mexico to the reactions of former president Andrés Manuel López Obrador, who was upset with the rulings of the Judicial Branch.
He called for the approval of the draft ruling by Minister Juan Luis González Alcántara Carrancá that invalidates the election of judges and magistrates through lists filtered by Morena representatives. This would prevent the consolidation of reforms often accompanied by political power and military might.
There appears to be room in Latin America for slowly entering into illegalities, as one has the power and force behind it, just like having military power, which can become consolidated.
Nobody wants a war of powers: “It is a call for sanity, a call for prudence and calm tempers,” emphasizing that the reform allowing the Army to intervene in security matters cannot be ignored. There are clear links between this type of political reform, wanting to establish a civic-military republic, which goes hand-in-hand with the other.
Finally, he reiterated that the Supreme Court is seeking a prudent solution to the current political crisis with Alcántara’s project.
Source: Aristegui Noticias
