2023-12-01 06:22:00
One of the problems that Mexico suffers from is institutional weakness. There are multiple examples in which rulers manage to override the law to impose their particular vision of how decisions should be made.
The problem arises when the particular vision of the rulers does not agree with what the legal texts that we have given ourselves to regulate public life say or, worse still, contravenes constitutional rules that, at least in theory, should not be subject to interpretation. capricious
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The comment is relevant to what happened yesterday in the Congress of Nuevo León where, for the second time in just over a month, an interim governor was appointed based on the license request processed by the Constitutional Governor, Samuel García , who has decided to participate in next year’s presidential election.
The appointment and swearing-in yesterday of the Deputy State Attorney, Luis Enrique Orozco, has left the door open to an institutional crisis in the neighboring entity, since those who make up the ruling group – which won the June 2021 election – have already announced his rejection of the appointment of the Legislative Branch and the legal challenge thereof.
Previously, on October 25, the Legislature of Nuevo León had appointed – and protested – the until then president of the Judiciary of said entity, Arturo Salinas Garza, as interim governor. The designation was overturned by a pair of court rulings.
The problem with this type of situation is that they cannot be resolved by appealing only to the literal text of the laws, but rather they have a political component that is impossible to ignore. This component is summarized in a specific question:
If a state leader, like Samuel García, decides to participate in a presidential election -making use of his political rights-, should the appointment to fill the temporary absence that this decision produces take responsibility for the popular will expressed at the polls?
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In other words, even when the Legislative Branch has the constitutional power to appoint the interim president, should the exercise of that power be in tune with the will of the voters and, therefore, choose a person related to the political project that was obtained? the popular mandate?
The discussion is not easy to settle in theoretical terms. There are a good number of arguments in favor of either possibility. But the difficulty in this case is not located, unfortunately, in the field of theoretical discussion, but in the lack of democratic vocation of our political class.
Due to this, Nuevo León is today on the verge of an institutional crisis capable of producing undesirable results, since everything indicates that what happened yesterday at the Congress headquarters, although it did not have major material consequences, could be the beginning of a confrontation process. that becomes uncontrollable.
What is desirable, of course, is that this does not happen. But that depends, fundamentally, on the maturity of those in charge of political institutions.
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