The Constitution mexican This February 5 celebrates 105 years of history marked by the changes in the text promoted in recent years by President Andrés Manuel López Obrador to adapt it to his project of national transformation and the doubt as to whether a majority will be achieved in Congress to approve his controversial energy reform.
In his first three years in office, Lopez Obrador and its National Regeneration Movement (Morena), a majority in Congress, has promoted reforms to the Constitution to create the National Guard, to abolish presidential jurisdiction, for the right of older adults to receive a pension, as well as the Hydrocarbons laws and to eliminate outsourcing, among others.
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This Saturday, Lopez Obrador He said that the constitutional reforms undertaken by his Administration to materialize his process of national transformation are in line with the social and nationalist cause of the Mexican Constitution.
He highlighted that “Constitutions are the fruit of processes of change and transformation” and stated that after the triumph of his movement that brought him to power in 2018 “It was necessary to propose a new Constitution and it was decided to reform but seeking balance and conciliation”.
In addition, he warned that in the coming years he will seek three constitutional reforms on the electricity sector, the National Electoral Institute and the National Guard.
He commented that they are seeking to reform the Magna Carta to “Strengthen the national electricity industry because there is obviously an imbalance, there is no balance since in the previous reform all the privileges were given to private companies.”
And he pointed out that during the neoliberal period in Mexico, in the 36 years before he came to power in 2018, “Instead of moving forward, we went backwards in terms of the rights established in the Constitution because it was not legislated in favor of the people but in favor of minorities and national assets were handed over to national and foreign individuals.”
CHANGE THE REALITY
Regarding the reforms and changes to the Constitution by the presidents, Juan Jesús Garza Onofre, a researcher and academic at the National Autonomous University of Mexico (UNAM), told Efe that in them “There is an idea that changing the Constitution implies changing reality and it must be demystified because it is much more difficult to change reality than laws”.
He said that in the case of Lopez Obrador or his vision of the country “Many times the Constitution hinders him” and on some occasions the current Administration “He has not followed the legal channels.”
But despite these slip-ups, Garza Onofre said that the transformative project promoted by the Mexican president “he wants to finish it off with three major constitutional reforms already announced by the president: energy, electoral and security”.
“These are not minor reforms, they are reforms that completely change the panorama regarding the relationship that the public administration is going to have with certain issues: the new functionality of the Federal Electricity Commission (CFE), the insistence on the disappearance or reformulation of the National Electoral Institute and the militarization of many aspects of public life”he pointed.
Regarding those three great reforms, he said that if Lopez Obrador wants to carry them out “In short, the faster and the more all the political forces come to an agreement, the more likely they are to materialize.”
For Garza Onofre, the Mexican Constitution “it is very dense” and the one that remains “very little“of what the 1917 Constitution was” and even “it would seem like a completely new one, patched up with thousands of things and yet it is what we have” to provide certainty to the actions that are committed in our life in common.
“Yes, let’s pay attention to the Constitution but let’s pay more attention to reality, if it conflicts with what the law says, then ultimately, before continuing to modify the Constitution, we must see other alternatives to modify the reality in which we find ourselves”he exposed.
REFORMS, A TREND
For Sergio Charbel Olvera, professor at the Universidad Libre de Derecho, there is a trend in Mexico in which presidents, and this has been very marked since the Government of Miguel de la Madrid (1982-1988), in their political programs and national plans present as proposed amendments to the Constitution.
“Many of the presidents have to first propose reforms to the Constitution to express their political proposals in this way”he said in an interview with Efe.
The academic pointed out that Mexican presidents have viewed the Constitution as the guarantor of their political proposals “If a political proposal is not in the Constitution, it is not very effective.”
And he cited as an example the educational reform of President Enrique Peña Nieto (2012-2018) that “It was not well seen by Lopez Obrador as well as the energy reform and therefore to reform the Constitution” and thus the political ideal of the current president is protected in the Constitution “so that there is a guarantee of permanence in that policy.”
He said that trend “They cannot be avoided and you can ‘play’ with them politically as long as agreements are reached in Congress to achieve majorities. There will be issues in which they agree and vote in favor despite being in opposition or political agreements are made to convince the opposition and achieve reforms.”
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