Mexico City /
Javier Laynez Potisekminister of the Supreme Court of Justice of the Nation (SCJN), assured that constitutional courts, such as the High Court, as well as those of Latin America and Europe, can rule against majority decisions of their congresses.
Likewise, he said that it is worrying that the resolutions issued against judicial reformwhich is why he warned that in the future the same thing may happen with other issues that directly affect citizens, just due to the fact that one group has the majority in Congress.
In an interview with Carlos Zúñiga in MILLENNIUM Television, the minister commented that the courts can determine when a reform is unconstitutional.
“It is true that the majority can approve something with all its legitimacybut precisely what the constitutional courts do, despite that majority represented in parliament, through a process, a technical constitutional procedure, they can say: that law is unconstitutional, although it was voted by 500 deputies and 128 senators . Because? Because it violates rights.”
“Then it does not always mean that everything that the majority says, that is, that majority, can say and vote for something that violates rights. Let’s see, I’ll give you an example: those majorities have voted to criminalize the interruption of abortion in women, whatever it may be, that’s what they say, really, they have all been approved by tremendous majorities at the federal level, but above all at the of the states…”, he expressed.
Laynez Potisek said that it is not fair to say that eight ministers weigh more than 500 or 128 legislators.
He mentioned that the ministers of the Court feel “overwhelmed” by the context of polarization that arose from the attack against the Judiciary.
When asked about the suspensions granted against the judicial reform and that have not been complied with by the chambers of Senators and Deputies, the minister commented:
“I do believe that it is extremely, I cannot deny, extremely worrying that any decision, at any jurisdictional level, is not being taken into account as valid, that is very serious, regardless of the fact that they may even be a crime. I don’t want to threaten anyone, in any way, but it is….
“Is extremely worrying and I’m going to tell you why: Because if this majority, let’s say qualified in parliament, in our congress, begins to consider that because they are a majority they no longer have to obey, this is very serious, because, let’s forget a little about this issue of judicial reform, that is going to happen in other issues that affect citizens even more directly,” he noted.
Minister Laynez cited as an example the Court’s resolution that ordered the Senate to name the missing members of the INAI, but which was not followed.
“I think it is being made as very normal, or trying to make it normal to say ‘if the majority decides’…that could never be constitutional,” he emphasized.
He indicated that he cannot say that we are reaching a constitutional crisis, so he hoped that this is not the case.
rarr
