The Mexican Judicial Overhaul: resisting democratic backsliding

Oxford Policy Pod

Mexico is undergoing a constitutional and institutional crisis that is eroding its already fragile democracy. This is due to a recently approved constitutional reform that jeopardises checks and balances, the division of powers, the rule of law, judicial independence and democracy itself. (For more context of this reform, please read this article by Mariana De Lucio on the Blavatnik School of Government blog.)

These constitutional reforms have resulted in mass resignations among federal judges and even Supreme Court justices, who are stepping down from the judiciary. They will be replaced by candidates elected through popular votes, whose requirements to run for these positions are only holding a law degree with a minimum average of 8 out of 10 and providing five letters of recommendation.

This fight for protecting democracy has led to authorities, including the executive and legislative branches, disregarding judicial rulings and, in essence, the Constitution itself.

To discuss this situation further, we invited Lilia Monica Lopez Benitez, a current Counselor of Mexico's Federal Judiciary, with over 34 years of experience in the system. Her career includes roles as a federal district and circuit judge. During these challenging times, Lilia Monica has been a strong advocate against the erosion of democracy and for the protection of the separation of powers. As a woman, her leadership has inspired many Mexicans who are eager to help rebuild the democracy that has been weakened.

During the week this episode was recorded, Lilia Mónica, in an act of dignity and integrity, submitted her withdrawal to the Senate regarding her candidacy in the judges' elections. She stated:"I withdraw because, according to democratic and republican principles, the Judicial Reform has weakened the most sacred pact of the Union: to ensure the balance of powers and to protect human rights. This reform contravenes the principle of the law's progressivity and undermines the patriotic values of the common good and national interest."

When Lilia Mónica tried to present her withdrawal letter, she was denied entry to the Senate and subsequently escorted out by security, illustrating the unjust treatment and the restriction of freedom of speech judges face when they speak out.