The popular elections for all offices in Mexico’s Judicial Branch

Abstract

This paper explains the reasons behind the constitutional reform through which Mexico became the first country in the world to implement popular voting to elect all judges of its Judicial Branch. It describes the impact of judicial activism that seemed to exceed its authority by making decisions of a legislative or executive nature. The Supreme Court even considered the possibility of declining to apply the Constitution. The growing tension between the Judicial Branch and the other branches of government, stemming from divergent ideological positions, culminated in a confrontation, with elements of violence, when judges halted their activities in protest against the constitutional reform that mandated the comprehensive renewal of the judiciary so that all judges would henceforth come from a democratic election. Finally, the paper explains how the reform was carried out and the constitutional changes made to the structure of the Judicial Branch and to the rules governing access to judicial positions.