The federal government published yesterday in the Official Gazette of the Federation (DOF) the reform of “constitutional supremacy”, which was previously approved by the Congress of the Union and endorsed by 23 state legislatures. With this reform, it is established that The Constitution cannot be challenged, thus consolidating the legal framework and the function of the reforming power in Mexico.
The Chamber of Deputies approved the reform after receiving the votes from the state congresses of Baja California, Baja California Sur, Campeche, Chiapas, Colima, Durango, Guerrero, Hidalgo, State of Mexico, Morelos, Nayarit, Oaxaca, Puebla, Quintana Roo, San Luis Potosí, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Yucatán, Zacatecas and Mexico City. The session in the Chamber was semi-in-person and brought together the legal quorum of 251 deputies, who declared the reform approved in an act of just 14 minutes.
Morena’s coordinator in the Chamber of Deputies, Ricardo Monreal, highlighted that this reform represents “the most profound transformation of the justice system in Mexico in 200 years.” He stressed that The reform guarantees that the reforming power of the Constitution is unappealable and that no judicial authority, whether judge, magistrate or minister, can annul what is established in the Magna Carta.
In his speech, Monreal pointed out that “It is false that this reform eliminates the amparo trial, unconstitutionality actions or constitutional controversies. Those institutions remain intact; What we have done is confirm that the reforming power of the Constitution acts without limits of judicial intervention.” He added that the reform responds to the intention of some judges to interpret the protection law in a way that allows constitutional modifications to be challenged, which he described as an abuse of judicial power.
“In the face of the abuse of the toga, the law; “In the face of abuse by magistrates and ministers, the Constitution,” stated Monreal, insisting that the process was carried out in an institutional and peaceful manner, in accordance with the procedures established by the Magna Carta.
The next step in the process is the application of the reform at the national level, with compliance monitored by both the Legislative and Executive Branches. This modification is expected to impact judicial protection procedures and unconstitutionality actions, putting a limit on judicial interventions within the framework of the reforms.
THE VOICE OF THE EXPERT
It is inseparable from the Constitution
Raúl Jiménez Vázquez, doctor in law and deputy advisor of Constitutional Control.
The doctor of law and deputy counselor for Constitutional and Litigation Control of the Presidency of the Republic, Raúl Jiménez Vázquez, explained that When the decree of constitutional supremacy is published “they will be an inseparable part of the Constitution, of absolute and definitively unstoppable compliance.”
During the People’s Morning, Vázquez added that what was approved in the Chamber of Deputies and Senate, and already in some local congresses, “is nothing new,” since Since the Amparo Law it was mentioned that the amparo trial is inadmissible against reforms.
“And the reason for this, precisely, is that through the reforming power of the Constitution, the impediment to subjecting reforms or additions in general and, in particular, those that concern us in this part of the historical process of our country. And this is how article 107 of the Constitution establishes that the amparo trial is inadmissible against reforms or additions to the Constitution. “This is nothing new,” he assured.
The jurist mentioned that The ministers of the Supreme Court of Justice of the Nation (SCJN) are in contradiction, “their acts are not subject to any of the jurisdictional control mechanisms provided for in the General Constitution or in any other secondary law.”
He added: “What this reform does is raise it to constitutional rank, recognizing in the Magna Carta what already exists as a legal reality and as an obligation to be followed by the courts. The provisions of 107 are replicated, transferred, and homologated to 105 in relation to controversies and unconstitutionality actions. The principle that applies to these means of constitutional procedural law is exactly the same and equally valid.”
“The acts of the reforming power are sovereign acts and, as the Court itself has said in this jurisprudence due to contradiction of thesis of 2021, they are not susceptible to any challenge,” said Raúl Jiménez Vázquez.
