The main reason for the existence of a state is the safeguard that it can provide for collective and individual rights in a framework of certainty and guarantee granted by the laws of that country. The pillar of support of that regime of legality, is fundamentally signified in the constitution whose letter comes to mark the starting point so that the evolution of daily life can be governed by an agreed order.
When the constitutional regime allows leaks and fractures in its observance, the repeated violation becomes permissible for convenience; the future is committed to the chaos sought and legal certainty simply crumbles. In this cause we can locate what happened with the hasty approval of the famous “Plan B”, through which, from the same legislative process, presents a host of violations and irregularities that not only place it outside of constitutional legality, but also come to represent clear contradictions with the current legal regime.
Everyone knows the devastating effort that weighs on the National Electoral Institute by the current federal administration, with this action, the matter has reached the brink of absurdity and outrage. But the problem will tend to worsen to the extent that this type of actions stemming from the mandate of power, become habitual and obedient to an individual opinion.
If we only adhere to the legislative process itself, we will find that, due to the topic and significance, the Legislative Studies Commissions and the Interior Commission should have met together. Said question that did not occur and with an approval by only 10 votes, without the mediation of any debate and practically in a few minutes, a reform that agrees to the suffocation of the INE is approved in commissions. From this front, the diminished opposition bloc already has material to challenge the irregularity in the path of legislative approval.
On the other hand, if we delve into the background of the reform of the six secondary laws that seek to siege the Institute, we will find that unconstitutionality is what prevails when contravening various provisions such as articles 41, 80 and 116 of the Charter Magna. Although this should be subject to challenge, the most serious thing will perhaps be that, with full knowledge of the facts, a legislator can ignore such a scandalous accumulation of serious irregularities.
The reform per se seeks to make the democratic electoral apparatus inoperative since, although it is true that every institution must adapt to the times and seek its improvement, this accumulation of actions only seeks to mow down the feet of the autonomous person in charge of the work. The other pole of the problem is that, before any appearance of legality, the unreason of non-debate and the socialization of ideas prevail, and wills prevail that run over the already sullied Mexican rule of law.
Twitter: @gdeloya
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