Initiatives to reform Mexico's Amparo Law spark controversy; experts warn of risks to citizens' rights

  


Mexico City. — New initiatives to reform the Amparo Law have been introduced in the Mexican Congress, sparking public debate over their potential impact on access to justice and the defense of human rights in Mexico.

According to opposition legislators and constitutional law experts, the proposals seek to limit the scope of suspensions granted by amparo judges, which in practice could restrict the ability of citizens and civil society organizations to stop acts of authority that violate the Constitution.

Although the rulings are still under discussion in committees, it has been revealed that the main points of the reform include:

- Restricting provisional and definitive suspensions in cases where laws of general interest are challenged, with the argument of preventing a single citizen from blocking entire public policies.

 

- Exclude certain administrative and legislative acts from the amparo process, which would limit the situations in which judges can intervene.

 

- Reduce the duration of suspensions, with the intention of ensuring that amparo proceedings do not delay infrastructure projects or reforms considered "strategic" by the Executive.

The initiative's proponents, primarily legislators aligned with the ruling party and its allies, argue that the current Amparo Law "has been abused" by individuals and companies to block decisions of public interest, such as large-scale public works projects, energy reforms, or social programs.

The proposal has drawn strong criticism from legal experts, academics, and civil society organizations, who warn that limiting the scope of the amparo law would weaken one of the most important tools for defending individual rights in Mexico.

Constitutional lawyer Diego Valadés noted that the reform, if approved as it stands, would represent "a historic setback" by leaving citizens more vulnerable to potential abuses of public power. For their part, organizations such as Article 19 and the Miguel Agustín Pro Juárez Human Rights Center warned that the measure could affect not only business owners but also indigenous communities, environmentalists, and ordinary citizens who resort to amparo to stop violations of their rights.

The amparo trial has been considered one of the pillars of Mexican constitutionalism since the 19th century. Created in 1847 by Manuel Crescencio Rejón and perfected by Mariano Otero, this mechanism has historically served to allow anyone to defend themselves against arbitrary acts of authority and guarantee the supremacy of the Constitution.

Limiting its scope, critics point out, would open the door to a scenario in which political power would have fewer judicial checks and balances, thus weakening the balance between powers.

The initiatives were referred to the Justice and Constitutional Affairs committees, where intense discussion is anticipated or expected in the coming weeks. Meanwhile, opposition parties have announced that they will oppose "with all legal and parliamentary tools" what they consider an attempt to "silence judges and leave citizens defenseless."

If the reform advances in Congress, experts anticipate that it could reach the Supreme Court of Justice of the Nation (SCJN), where its constitutionality and real scope would be determined. However, considering that this highest court is currently mandated by the current Mexican president, it would advance even if it would be detrimental to citizens.

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