Mexico is poised to amend its constitution this weekend to require all judges to be elected as part of a judicial overhaul championed by the outgoing president but slammed by critics as a blow to the country’s rule of law.
The amendment passed Mexico’s Congress on Wednesday, and by Thursday it already had been ratified by the required majority of the country’s 32 state legislatures. President Andrés Manuel López Obrador said he would sign and publish the constitutional change on Sunday.
Legal experts and international observers have said the move could endanger Mexico’s democracy by stacking courts with judges loyal to the ruling Morena party, which has a strong grip on both Congress and the presidency after big electoral wins in June.
Not at all. The judges appointed by the opposition party, protect the laws made by the opposition party, when they were in government. This way the government can not just ignore those laws. So most countries have very long term limits for judges to deal with that. Hence a single government can not just stack the courts. Term limits are used, so no single government just happens to be able to appoint a lot more judges then usual. However even with the term limit being death, a court like the US supreme court has judges appointed by five different presidents for example.
Why would you want a judge protecting bad laws?
But a party that’s held power for decades can. Mexico spent nearly a century under a single party. You’ll find similar dynamics in Japan, Germany, Korea, the UK, China, Venezuela, Russia, Pakistan, Thailand…
Imagine a Venezuela election in which Maduro is replaced, but the Chavez/Maduro packed court simply rules the new government illegitimate and strikes down all their decisions. Do you just wait until all the Chaveismo judges retire/die? Or do you replace them?