Eternal Formalism: about the Judicial Reform in Mexico

Abstract

This study offers a critical and hermeneutic analysis of some substantial points proposed in the latest project for reforming the federal judiciary of the Mexican state. The primary focus of this project is to propose a new model for selecting judges, aimed at legitimizing its members through citizen voting, similar to certain federal entities in the United States and to the constitutional model of the state of Bolivia. However, this project overlooks some fundamental elements, such as formation (Bildung), emphasizing that legal formalism remains a cornerstone in the teaching and practice of law in Mexico. Without overcoming this, achieving a paradigm shift that improves the Mexican judicial system and brings it closer to a new vision of understanding and applying the law becomes a highly complex task to resolve.