Mexico

Mexico is a federal republic with thirty-one states, plus the district of Mexico City. Mexico follows the civil law tradition, has federal and state courts, and its sources of law include the Constitution, supplementary domestic laws, and international law. In September 2024, the Mexican government instituted sweeping constitutional reforms that had significant ramifications for the judiciary.

Federal Judiciary

Mexico’s federal judiciary has three-tiers: a Supreme Court, Circuit Courts, and District Courts. The Mexican Constitution assigns federal courts jurisdiction over constitutional controversies, disputes between states or a state and federal authorities, matters involving federal laws and treaties, cases in which the federal government is a party, maritime law, and cases involving foreign diplomats.

Supreme Court (Suprema Corte de Justicia de la Nación)

The Supreme Court is the final court of appeal for both federal and state courts. It also serves as a constitutional court and reviews the constitutionality of legislation and government actions. In September 2024, as part the constitutional reform initiative, the Mexican government reduced the number of justices from 11 to 9. It also eliminated the Court’s tradition of hearing cases in panels; all cases are now heard by the entire court. The Court’s power of judicial review was preserved; the court may declare legislation unconstitutional with the votes of six of the nine justices.

One of the most noteworthy of the 2024 reforms was to the judicial selection process. All judicial candidates in Mexico, including potential Supreme Court Justices, are now subject to popular election. The prior method for appointing justices, confirmation by the Senate from a short list submitted by the President, was abolished and all sitting Supreme Court Justices will be removed by August 30, 2025. In protest to these changes, eight of the Court’s sitting eleven justices submitted letters of resignation in October 2024.

Appellate Courts

In 2021, a judicial reform instituted a new appellate court structure. Regional Plenary Sessions were created to replace Circuit Plenaries. They are tasked with resolving conflicts between judgments issued by different circuits within the region of each Regional Plenary Sessions.  Three magistrates review each case.

The Unitary Courts were replaced by Collegiate Courts of Appeal. Instead of single judge review of appellate petitions, the new courts have three judges. This change was implemented to enhance the quality of the judgments. The Collegiate Courts of Appeal are principally responsible for reviewing indirect Amparo proceedings (recurso de revisión) and appeals of federal civil, criminal, administrative, and commercial proceedings.

Specialized Courts

Specialized administrative courts have jurisdiction over a range of subjects including broadcasting, telecommunications, antitrust, employment, and taxation. The Electoral Tribunal is independent of the Supreme Court and presides over election matters. After the 2024 reforms, members of the Electoral Tribunal will be elected by popular vote in nationwide elections, every six years.

District Courts

District Courts consist of one judge and have jurisdiction over general and specialized first instance federal cases. 

Judicial Selection and Tenure

The 2024 reforms introduced a new system of popular election for all judges; this reform will be implemented in two stages: elections will be held in 2025 and 2027. Lower court judges will be selected in local elections and Supreme Court justices will be elected during national elections.

To be eligible for judicial office, candidates for the lower courts must have a law degree (with a required level of performance) and five years of legal experience. They must submit an essay and letters of recommendations. After being vetted by commissions from the executive, legislative, and judicial branches, successful candidates enter a lottery; those selected may run for office.

Candidates for the Supreme Court are nominated by the executive, legislative, and judicial branches; each branch may nominate ten candidates. The Senate verifies the nominees’ eligibility and forwards names to the National Electoral Institute to be submitted as candidates. Challenges to nominees can be filed with the Electoral Tribunal of the Federal Judiciary.

Supreme Court justices serve a single 12-year term. All other judges serve renewable nine-year terms.            

Jurisprudencia

A 2021 judicial reform law included expansion of jurisprudencia, Mexico’s version of precedent. Under the new law, a Supreme Court judgement signed by at least 8 justices has the immediate power of precedent. Cases decided by at least four justices sitting on a Court plenary panel are also deemed mandatory precedent. Prior to the passage of this law, a Court judgment became precedent only after five consistent judgments. For unanimous rulings issued by the circuit collegiate tribunals, five consistent judgments are still required for a ruling to assume precedential value. It is not clear how the 2024 constitutional reforms will impact jurisprudencia rules.

Judicial Administration

The 2024 reforms also had an impact on judicial administration. Two new bodies were created: the Judicial Administration Body (JAB) and the Judicial Discipline Tribunal (JDT).  The JAB is responsible for court administration including the judiciary’s budget and court administrative personnel.  The Judicial Training School and the Federal Public Defender’s Institute were transferred to the JAB. The JAB has five members: one selected by the executive branch, one by the senate, and three by the plenary of the Supreme Court.

The JDT oversees judicial conduct and discipline. It investigates allegations of malfeasance and has the authority to impose sanctions, file criminal charges, and request the impeachment of judges. Its five members are elected by popular vote to a single six-year term.

State Court System

Similar to the United States, each of Mexico’s 31 states, and Mexico City, have local court systems. The specific structure and functions of each state system are outlined in their respective state constitutions. Generally, state systems have a “Superior Tribunal of Justice” (appellate court), courts of first instance, minor courts, and small claims courts. States employ different procedures for judicial appointment, tenure, and administration. 

The Writ of Amparo

The writ of Amparo is a distinguishing feature of Mexico’s judicial system. The word “amparo” means protection or aid. The writ was introduced in the mid-19th century to protect the rights of citizens against government abuses and is incorporated in Articles 103 and 107 of Mexico’s constitution. 

Historically, amparo suits have been among the most common causes of action in Mexico’s federal courts and can be filed in the district, circuit, or supreme court. They are used to protect individuals from laws or acts by government officials that violate rights established by the constitution and applicable human rights conventions. This includes actions against unconstitutional laws, judicial decisions, or administrative actions and resolutions. However, in Mexico, the writ cannot be used against private individuals.

A petitioner—either an individual or a group—may file a writ of amparo for the violation of any right, whether protected explicitly or implicitly by the constitution or international treaty. There are different types of amparo writs. The most expansive, Amparo omnicomprensivo, protects the fundamental rights and freedoms and the general supremacy of the constitutional order. 

During the COVID-19 pandemic, the writ of Amparo was used to compel government authorities to implement measures mitigating the pandemic’s impact, including postponing tax payments, supporting medical personnel, making COVID-19 information accessible to the disabled, and providing access to health care for migrants in Mexican facilities.

Reforms to the Amparo

2013: A new amparo law authorized the executive and legislative branches to request that the Supreme Court expedite review of urgent amparo appeals in the interest of social justice or to maintain public order. The new law also extended amparo protections to collective interests such as environmental rights, as well as cultural and historical interests. 

2024: The Mexican government again amended the amparo law, limiting the scope of the writ. A favorable ruling suspending an unconstitutional law or action will apply only to the petitioner and not to the general population. Those not party to the amparo suit are not protected by the issuance of a writ, even if they are subject to conduct or a law deemed to be in violation of fundamental rights.

Other Latin and South American countries have adopted Amparo mechanisms similar to Mexico’s. Often, the writ is free or inexpensive to file and does not require the assistance of counsel. In Mexico, there is no date by which the petitioner must file their claim, but other countries have instituted relatively short statutes of limitations. Honduras, Paraguay, Peru, and Costa Rica have sixty-day statutes of limitations for these actions, and Bolivia and Venezuela require the petitioner to file within six months. The Philippines also has a writ of Amparo.