As scholars dedicated to the study and practice of constitutional law, we express our deepest concern about the constitutional reform of the judiciary that is currently under consideration by the Mexican Congress. A measure that, only at the federal level, will impact around 1600 federal judges and the eleven members of the Supreme Court. In particular, we are concerned about the implications that the popular election of judges will entail for judicial independence, the rule of law, and the protection of rights and liberties in Mexico.

Judicial independence is the cornerstone of constitutional democracies and the rule of law. It guarantees stability, predictability, and impartiality in the process of judicial decision-making. Replacing a merit-based judicial selection process—where aspiring judges are required to pass rigorous exams and assessments—with a system that disregards relevant experience and allows candidate selection to be driven by electoral and party politics not only contravenes the safeguards that judicial independence seeks to protect, but also undermines the republican values that uphold a constitutional democracy. If judicial independence cannot be guaranteed, the ability of Mexico’s legal system to impartially administer justice as well as to protect the rights and liberties of its citizens will also be severely threatened.

We also want to express our solidarity with the members of Mexico’s federal judiciary, students, professors, and the rest of the legal community who are demonstrating and advocating for an open, inclusive, plural, and constructive democratic deliberation, to correct existing flaws of and refine the justice system, in general, and the judicial branch, in particular.