Antonio Navalón
Everywhere, from North to South, from East to West, from the United States to Israel, from Venezuela to Spain, and from Spain to Mexico, justice is in crisis. This crisis is mainly due to two things: first, the evolution of a fundamental power within societies to create and, above all, to sustain their system of rights and obligations. The Romans established a famous saying or aphorism: “Give me the facts, and I will give you the rights”. Second, this judicial crisis is related to the lack of governance, which is becoming more noticeable worldwide. This is because, although we have never had the experience of living without States, it is undeniable that the structures and the very States that have been regulating the life and development of societies for years are in a stage of general collapse.
Without having to go far and focus on North America, it is essential to point out that this will undoubtedly be the year of justice in Mexico. For President Lopez Obrador, there is no better culmination or more important fact regarding his commitment to history than liquidating the current justice system. As with so many other things, justice in Mexico must be fair, fast, and reliable. We already have the experience of what happened with the health system, which was bad, but at least there were medicines – albeit insufficient – to meet part of the country’s health demand. Today, there are neither medicines nor a system to protect the health of Mexicans. What happened with the health sector is a great lesson about what can happen if the right decisions are not made and if there needs to be more clarity about the consequences that particular interests can bring with them.
Now, I agree that the justice system needs to be renewed and acquire efficiency behaviors – especially concerning its independence and in guaranteeing the performance of its function – what we are doing, even though the president has less than two months left to make the constitutional change he wants to make, is to do everything in a hurry and without thinking about what will happen afterward. In Mexico, the first months of any administration are generally used to approve and pass the most difficult reforms or changes since they come from winning and having enough political and social capital. In contrast, the last months are used to quickly implement and complete everything initiated, trying to have them done without anyone paying enough attention and focusing more on the beginning of the incoming administration.
President López Obrador wants judges to be voted in as if they were congressmen or aldermen. I do not know what scares me more: a corrupted justice system that, in principle, has legal wisdom or, as the president himself has defined, a system in which it is not even necessary to know the law or experience to play the role of judge. However, we find that to be able to do what President López Obrador wants and desires, he still does not have enough votes to secure his longed-for judicial reform.
To begin with, if the Electoral Tribunal of the Judiciary does not grant the over-representation to Morena and its supporters, the judicial reform will have to wait. In other words, the future of President López Obrador’s dreams depends on getting the necessary votes to make them come true. And for that, we will still have to wait for Dr. Claudia Sheinbaum to receive the certificate accrediting her as president-elect on August 14. Afterward, it will be necessary for the same court to ratify the final count on the composition of the next Congress, which will be made up of people and judges who will be the main ones affected by the cancer that forces them to operate with an iron hand, but with a sick body. Should Morena and its allies ratify the long-awaited majority in both chambers, it will be a matter of days for López Obrador and his followers to break another hypothetical record in the modern history of our country by achieving the highest number of constitutional modifications in the shortest time.
For everyone’s sake, let’s hope he gets it right. But in principle, it is perilous to think about the details of the supposed reform, accepting that it is necessary to bring about an update in the functioning of justice. Leaving aside what was previously mentioned about the almost null requirements to become a judge, it still needs to be clarified the procedures and protocols that will be applied to, for example, tomorrow, go to vote and elect a judge. We are living in turbulent times, not only because we have been accustomed for years to living under a dynamic or legal system established by custom and good practices but also because we are facing the absolute uncertainty of not knowing how justice will be dispensed from here on.
The proposal that Biden has made in his final hours as president, no longer as a candidate, to modify the structure of the Supreme Court of Justice of the United States is, above all, based on the cases and the few instruments that American society has to defend itself against those who theoretically must protect them and for the Constitution to be the dominant force in the country. It is with cases such as the questionable past of Justice Clarence Thomas and the generous donations received from a Republican donor that the system’s improvement is justified to avoid this type of situation and to guarantee the impartiality of those in charge of imparting justice.
Justice and its relationship with the organs of the State are essential for the proper functioning and survival of societies. Some argue that the September 7 attack perpetrated by Hamas would never have happened if ‘Bibi’ Netanyahu had not been distracted and distanced while waiting for the resolution of the trials against him for alleged acts of corruption. Some say that the great scandal that is currently unfolding in Spain due to the controversy caused by the signing of pacts with two pro-independence parties – Esquerra Republicana de Catalunya and Junts per Catalunya – by President Pedro Sanchez to achieve a majority could never have happened if justice had not become an appendix to the needs of power and its demands.
The lack of governance has created the crisis, and this crisis, in turn, has to be part of the solution. In the meantime, rest, think, and prepare for what September will bring. The way things are going, September will mark the beginning of the year of justice in our country.
This column bids farewell until the first week of September.
Happy vacations!
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