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.
What qualifies someone to be a judge is simply redefined to be what is popular. A judge should therefore no longer follow the law, but make the ruling most in line with what is popular. Under a voting system that is the sole qualifier.
Which is what the legislature is for.
Yikes. That’s an insanely misguided worldview.
Do you know what was real popular for centuries? Fucking slavery.
Popularity, like legality, is independent of morality. We should be striving to better understand how to improve the well-being of everyone, and use that information to legislate what is moral based on that ultimate goal. Popularity should not figure into this at all.
Slavery looks a lot more popular when you don’t let the slaves vote. If the slaves could vote – i.e. if there was a greater degree of democracy – there would surely be no slavery. It was the repression of the political power of a large segment of the population that enabled slavery.
Surely, if we educate people on class consciousness, they will generally act in alignment with the common interest, right prole? Certainly it’s not a better solution to dictate morality to them unilaterally through some technocratic institution (that’s rather like what the aristocracy was), because we have no particular way of ensuring that they will act in the common interest – which is not especially their interest – unlike the common people, for whom the common interest is their interest.