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Mexico - October 2024

‘Constitutional supremacy’ amendment is adopted

On 30 October, the Federal Congress passed changes to the constitution to bar any judicial review of constitutional amendments. The constitutionally-required majority of state congresses that ratified the amendments was reached on 31 October. The package of amendments, known as the ‘constitutional supremacy’ reform, explicitly states that constitutional controversies and actions of unconstitutionality (which are processes through which general norms can be challenged before the Supreme Court), and the amparo trial (claim for constitutional protection) cannot proceed against constitutional amendments. The reform includes a transition clause stating that any pending litigation should be solved according to the terms of the amendments. According to President Claudia Sheinbaum, the amendments enshrine in the constitution aspects that already existed in law. Critics denounced the process for how it was fast tracked and expressed concern that ‘constitutional supremacy’ will severely limit people’s ability to defend their rights in the courts.   

Sources: Diario Oficial de la Federacion, CNN, El Universal

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