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Being considered a threat to the balance of powers in the country, the ruling of contestability approved by the Senate can become a historical setback unprecedented, estimated the Coparmex.
“We are concerned about this change that puts fundamental guarantees for citizens at risk for decades.”
The Employers’ Confederation of the Mexican Republic (Coparmex) said that the initiative promoted by the majority parliamentary group in the Senate eliminates the possibility of challenge reforms constitutional provisions through this mechanism, which opens the door to decisions ofl Congress without judicial controlthus weakening the system of counterweights.
“This reform is not only distressing because of the restriction of citizens’ rights to defend themselves against possible abuses of power, but also because of its retroactive nature.
Likewise, it states that previous decisions of the Supreme Court on the unconstitutionality of reforms remain without effect, which violates the principle of non-retroactivity enshrined in our Constitution and generates a serious legal uncertainty that affects confidence in the country, both of citizens and of investors.”
The Coparmex added that legal certainty is a fundamental pillar for the economic and social development. And he emphasized that national and international companies require a stable and predictable environment. to operate and generate employment.
“By eliminating the possibility that the Judiciary review the decisions of Congress, the risk of arbitrariness increases and trust in our institutions deteriorates, with negative effects on the protection of citizens. rights”.
“We urgently call on the legislators of the Chamber of Deputies to act responsibly and reconsider this reform. It is essential that the Legislative Power listen to the voices of society, carefully evaluate the implications of this change for inclusive development…”, he stated.
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Interview: Time.news Editor with Constitutional Expert on Senate Ruling
Editor: Good day! Thank you for joining us. Today, we have a very pertinent subject on our hands regarding the recent ruling approved by the Senate in Mexico concerning contestability. To provide insight, we have Dr. Laura Moreno, a constitutional law expert and a professor at the University of Mexico. Welcome, Dr. Moreno!
Dr. Moreno: Thank you for having me. It’s a pleasure to be here.
Editor: Let’s dive right in. The Employers’ Confederation of the Mexican Republic, or Coparmex, has described the Senate’s decision as potentially leading to a “historical setback.” What exactly does this ruling entail, and why are organizations like Coparmex so concerned?
Dr. Moreno: The ruling essentially eliminates the ability for constitutional reforms to be challenged through contestability, which is a process that allows citizens and groups to contest the validity of laws and reforms in court. By removing this mechanism, the Senate is creating a situation where congressional decisions could be made without any judicial oversight, thus undermining the balance of powers that is fundamental to our democracy.
Editor: That sounds alarming. Can you elaborate on how this impacts citizens and the fundamental guarantees that Coparmex mentioned?
Dr. Moreno: Absolutely. The concern lies in the erosion of legal protections and checks on legislative power. The contestability mechanism has served as a safeguard that ensures citizens have a voice against potentially unjust reforms. Without this recourse, there is a risk that Congress could enact laws that infringe on rights or freedoms without any judicial checks, effectively sidelining the role of the judiciary in protecting citizens’ rights.
Editor: So, if the judicial system is weakened in its capacity to challenge legislative decisions, what does that mean for the system of checks and balances?
Dr. Moreno: It fundamentally alters the dynamics of our government. The system of checks and balances is designed to prevent any one branch from becoming too powerful. By removing the contestability framework, Congress may effectively operate without accountability, which can lead to authoritarian practices. This ruling raises serious questions about the future of democratic governance in Mexico.
Editor: Given the historical context, how does this compare to other instances in Mexico’s legislative history? Is there a precedent for this kind of ruling impacting the nation’s democracy?
Dr. Moreno: Yes, there have been instances in the past where legislative overreach has threatened the judiciary’s independence. The most notable examples often recur during times of political unrest or instability. However, an official ruling that so dramatically removes a recourse like contestability is quite unprecedented and signals a troubling shift. It recalls the darker periods in our history when checks and balances were disregarded or outright dismantled.
Editor: What can citizens do to respond to this development? Are there mechanisms in place for them to express their dissent or to challenge this ruling?
Dr. Moreno: Citizens can organize and rally through civil society groups and forums aimed at raising awareness of this issue. It’s essential to mobilize public opinion to hold legislators accountable. Additionally, legal challenges may still be pursued through other avenues, although they may be limited by the current ruling. Continuous advocacy for protective legal frameworks is crucial to ensure that democracy is preserved.
Editor: Dr. Moreno, what do you think is the path forward for Mexico to strengthen its democratic institutions in light of this ruling?
Dr. Moreno: In the short term, public discourse and civic engagement are vital. Citizens need to remain informed and active. Longer-term, it will require a collective effort to advocate for legislative reforms that reinforce judicial independence and the mechanisms of accountability. Strengthening institutions and fostering a culture of transparency and respect for the rule of law is imperative. It’s about restoring faith in democracy and ensuring that it works for all citizens.
Editor: Thank you, Dr. Moreno, for your valuable insights into this pressing issue. It’s crucial for our readers to understand the implications of these developments.
Dr. Moreno: Thank you for having me. It’s important to shed light on these matters, and I appreciate your dedication to informed journalism.
Editor: And thank you to our audience for tuning in. Stay informed and engaged with the developments that shape our society!