The independence and impartiality of adjudicators in Mexico
Quintero Godinez, Rafael (2023) The independence and impartiality of adjudicators in Mexico. In: Independence and Impartiality of International Adjudicators. Intersentia, pp. 555-577. ISBN 9781839703614
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RQG_THE INDEPENDENCE AND IMPARTIALITY OF ADJUDICATORS IN MEXICO-Open Access version.pdf - Accepted Version Download (228kB) |
Abstract
This paper discusses the critical role of judicial independence in maintaining democratic values, focusing on its ability to uphold the rule of law, protect the separation of powers, and promote due process. It emphasises the necessity of judicial autonomy from party conflicts, government institutions, and political ideologies while acknowledging the potential challenges to creating an independent judiciary, such as institutional legacies, inadequate support for judges, and strong political influences. The paper further elaborates that without judicial independence, the risk of an authoritarian regime is high and democratic progress is hindered. Using the example of Mexico's judicial reforms since 1994, the paper analyses the evolution and impact of measures to ensure judicial independence, specifically through the latest reform in 2021. The study also explores selection criteria for adjudicators, the balance of the appointing authority’s influence, and the mechanisms to ensure impartiality and independence among federal adjudicators, including potential consequences for those who violate these principles.
| Item Type: | Book Section | ||||
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| Subjects: | CAH16 - law > CAH16-01 - law > CAH16-01-01 - law | ||||
| Divisions: | Faculty of Business, Law and Social Sciences > School of Law | ||||
| Depositing User: | Rafael Quintero | ||||
| Date Deposited: | 13 Jul 2023 12:06 | ||||
| Last Modified: | 13 Jul 2023 12:06 | ||||
| URI: | https://www.open-access.bcu.ac.uk/id/eprint/14583 |
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