this post was submitted on 13 Sep 2024
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Mexico is poised to amend its constitution this weekend to require all judges to be elected as part of a judicial overhaul championed by the outgoing president but slammed by critics as a blow to the country’s rule of law.

The amendment passed Mexico’s Congress on Wednesday, and by Thursday it already had been ratified by the required majority of the country’s 32 state legislatures. President Andrés Manuel López Obrador said he would sign and publish the constitutional change on Sunday.

Legal experts and international observers have said the move could endanger Mexico’s democracy by stacking courts with judges loyal to the ruling Morena party, which has a strong grip on both Congress and the presidency after big electoral wins in June.

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[–] [email protected] 28 points 1 month ago* (last edited 1 month ago) (6 children)

Having elected officials makes sense for politicians since their job is to represent the interests of the people but it's terrible for other types of public office.

What do you want from a judge or a sheriff? Someone who's experienced and competent. Who can best judge that? Would it be the hierarchy of their peers who they work with every day or would it be random members of the public who've barely even heard of them?

Edit: and no, I'm not suggesting political appointments. That's also a recipe for disaster. Do it like Commonwealth countries: make the civil service independent of the political process and make appointments be part of the usual process of promotion.

[–] [email protected] 19 points 1 month ago

Having them be appointed by politicians isn't making much sense either. It's not a secret that many judges have their own political affiliations since they often get appointed with support from different political factions (see the supreme court in the US). In theory, you're right. In practice, it doesn't always work that way.

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