Dismantling Checks and Balances in Mexico

On July 25, the Constitutional Points Commission of the Mexican Chamber of Deputies published the agenda for constitutional reforms sent by President López Obrador in February 2024. Among the proposed reforms is one that could potentially dismantle the system of checks and balances in Mexico by eliminating autonomous constitutional agencies and other regulators and transferring their functions to the federal public administration under the Executive branch. 

This reform, if passed, would significantly alter the balance of power in Mexico. It would amend the Mexican Constitution's Articles 3, 6, 26, 27, and 28. Given the current political scenario in Mexico, it will likely secure the qualified majority needed in Congress and 17 state legislatures for its approval.

The content of this reform would lead to the dissolution of the National Institute for Transparency, Access to Information, and Personal Data Protection (INAI), the Federal Economic Competition Commission (COFECE), the Federal Telecommunications Institute (IFT), the Energy Regulatory Commission (CRE), the National Hydrocarbons Commission (CNH), and the Education Improvement Commission (MEJOREDU).

The elimination of these agencies represents a significant blow to the system of checks and balances in Mexico, as it seeks to establish the exclusive authority of the executive over energy, industrial, trade, and pricing policies. Abolishing the National Institute for Transparency and Access to Information (INAI) would allow the Executive to determine whichinformation should be made public and which should not. The government offices taking over the functions previously held by the autonomous bodies will be part of the Executive, indicating a clear institutional capture and a marked reduction in oversight of the activities involved.

This imminent reform adds to others by strengthening the Executive's authority by dismantling checks and balances. The legal mechanisms Mexico had built to combat arbitrary decisions by power in areas involving these autonomous agencies will now be significantly reduced. Additionally, the recently approved judiciary reform will create conditions that favor the government, allowing appeals to be resolved from a biased perspective.

It is crucial to remember that creating autonomous constitutional agencies in Mexico was a fundamental milestone in the transition to democracy and the rule of law, as they have aimed to promote fair competition, impartiality, transparency in public administration, and the protection of human rights. Their autonomy enables them to act without pressure from political powers, fostering accountability and control over the exercise of power. Furthermore, they cultivate a culture of legality and respect for fundamental rights, essential pillars in any democratic society.

The dissolution of these bodies, vital for consolidating democracy in Mexico, signifies a severe setback. It undermines the balance between State powers and the empowerment of citizens, ensuring that their rights are protected and that the government operates responsibly within an increasingly balanced power framework.

The so-called “Fourth Transformation” of Mexico is no longer just political rhetoric; it is manifesting directly in the Mexican Constitution with an increasing concentration of power in the Executive and dismantling checks and balances.