Mexico City. “The Constitution is not contestable,” said ministers Yasmín Esquivel Mossa and Lenia Batres Guadarrama, when arguing their position regarding the queries posed to the Supreme Court of Justice of the Nation (SCJN) by judges and magistrates against the reform of the Power. Judicial.
The above, after, like Minister Juan Luis González Alcántara, they each presented their projects regarding the pending consultations presented by members of courts and tribunals to challenge the constitutional reform of the Judiciary.
Ministers Esquivel Mossa and Batres Guadarrama pointed out during the Plenary session of the Court that is currently taking place, that the request of the applicants exceeds the powers of the Court to ensure the autonomy and independence of the PJF.
The position of the ministers was in the opposite direction to what was proposed by Minister Alcántara, since he proposed to “unofficially correct the attempted route” and proposed amending it so that Minister Norma Lucía Piña Hernández, president of the Court, admits and processes , and a minister to be defined prepares a draft sentence, which would cause the highest court in the country to try to overturn the reform of the Judicial Branch of the Federation.
However, Minister Yasmín Esquivel Mossa ruled against, “first of all, the applicants are judges and magistrates of the PJF, who claim to be legal experts and based their claim on a rule that does not contain the attribution that allows the Court’s analysis of a constitutional reform”.
For this reason, he said, “we would be wrong to vary the legal support that they expressly indicated in their writing, due to the risk involved in modifying it that they willingly wanted to raise as legal professionals.”
A second reason, he pointed out, was that the request was presented before the enactment of the judicial reform and its intention is to declare its nullity; Therefore, it must be declared inadmissible since the decree has been irreparably consummated, since they could not analyze what was raised by the applicants without necessarily affecting the acts that have already been consolidated and gave definitiveness to said reform.
Finally, Esquivel Mossa demonstrated, in accordance with SCJN precedents, the matter is inadmissible because the text of the Constitution is not challengeable, based on the idea that the norms issued by the Reforming Power are not subject to any of the jurisdictional control mechanisms provided for in the Constitution itself or in any other secondary law.
#Constitution #challengeable #Ministers #Esquivel #Batres
– 2024-10-06 14:19:40
