For the people, with love?: SCJN

López Obrador believes only in himself. He showed it again yesterday, admitting that the military had indeed made mistakes, but immediately blamed them on the sitting presidents (without himself, of course) rather than the institution itself. Do we then want a National Guard statutorily and institutionally protected from reprisals at the hands of another head of the federal executive branch? And that is that his proposed reforms are done by assuming his purity as president…

In this sense, 4T has fallen into the trap of a fundamental concept: a norm should never or should never be established on the basis of a person or a specific regime; should be considered independently of the ruling government to avoid abuse of power.

So we’d better really establish what AMLO is after: to take control of the Union’s three powers — in addition to serving as head of the armed forces, which he already officially is in his own right. Have the power to make decisions over all of Mexico without any restrictions.

The executive, legislature and judiciary should be autonomous. Throughout that six-year term, however, the legislature acted as the executor of López Obrador’s designs. Last week, the rupture of the constitutional order occurred at the hands of Morena’s faction (and allies) when the Chamber of Deputies approved the incorporation of the GN into the military, as requested by the federal executive. Not a comma budged from his suggestion; nor was it discussed in committees. And although approval is now lacking in the Senate, AMLO has already reviewed the constitution and the legislature, and he has boasted about it.

Before the debate and the next SCJN resolution on OFFICIAL PREVENTIVE DETENTION, López Obrador said: “I was wrong in my proposals to Ministers of the Court, they forgot about the transformation.”

Ministers do not belong to it – or should not – and the SCJN should not “obey” or follow what the executive says. Indeed, part of the functions of the court is to restrain the excesses and abuses of power by the legislature and the executive. Checks and balances should be the rule of the democratic game.

Assuming that the highest court should follow his suggestions just because he is, paints the whole body of AMLO’s dictatorial aspirations.

I really hope we can say: the ministers were not wrong, the president was wrong to think they should comply with his wishes and forget their responsibilities as SCJN members. But everything seems to indicate that this will not be the case. Although the full House has yet to vote, four ministers have already spoken out against declaring it unconstitutional… (as I write this, Monday 5th, a recess has been agreed and the debate will continue today, Tuesday 6 -you).

The discussion of informal preventive detention that takes place in the high court has many nuances of legal technique that can lead to the rejection of the voted proposal. However, the main point – and what the discussion should focus on – is that the characterization of the legal figure (as “forced”) is a violation of human rights. A constitutional rule violates another. Is the SCJN incompetent in inter-constitutional disputes? It will seem absurd to me, but in any case this should be analyzed.

It is such a violation of the human rights of the accused and its use has become so excessive that 92,590 people are currently in preventive detention. Furthermore, and in a sign of its ineffectiveness, only 20% of prisoners entered prison in this way received a sentence.

I insist, what is being discussed is the figure of informal preventive detention, not the figure per se (or its justified form). The first must disappear, the second must be limited. But more importantly—since the president favored it—WHETHER SCJN could remain autonomous and independent or if it was absorbed into the executive was DEBATED. That’s the bet.

Ministers have not yet decided; they will soon. I hope that his love for Mexico will ultimately prove stronger than his fear of López Obrador.



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