On October 31, 2024, A Decree amending article 107 and adding article 105 of the Political Constitution of the United Mexican States (the “Constitutional Amendments” or the “Amendments”) was published in the Official Gazette of the Federation (“DOF”). This change establishes that constitutional controversies and actions of unconstitutionality will not proceed against amendments or additions to the Federal Constitution, nor will amparo proceedings be applicable in such cases.

Article 107 specifies that amparo judgments will only apply to the plaintiffs who request them, restricting their effects to the specific case of the lawsuit. Additionally, it is clarified that in amparo proceedings related to the unconstitutionality of general rules, the resolutions may not have general effects. Notably, the amended text adds that “the amparo proceeding shall not proceed against additions or amendments to this Constitution”, thus eliminating this defense against constitutional amendments.

On the other hand, Article 105 establishes that “constitutional controversies or actions of unconstitutionality whose purpose is to challenge additions or amendments to this Constitution are inadmissible”. With this addition, the possibility for the competent bodies to file legal actions to challenge constitutional reforms is eliminated, thus reinforcing the supremacy of the Legislative Branch.

These legal amendments reflect a clear intention to shield constitutional reforms from any type of judicial challenge, which could strengthen the stability of the constitutional text. However, it also raises questions about the implications for human rights,the check and balances system between powers and access to legal defense mechanisms.

Although the measure is intended to guarantee the stability of the constitutional order, it has generated divided opinions. On the one hand, some sectors consider that it reinforces the sovereign will of the Legislative Branch of the Constitution; on the other hand, there are those who point out that it could limit the mechanisms of democratic and judicial control, leaving without defense those who could be affected by reforms potentially contrary to fundamental rights.

This press release is provided for informational purposes only and does not constitute legal advice applicable to any case or situation.
If you have any questions regarding this press release,
please contact Mauricio Basila, mbasila@basila.mx; Yamil Jose Aguilar, yjose@basila.mx or Miguel López, mlopez@basila.mx
(5255)5520-3063

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