Judiciary Overview

Government InstitutionsBy:Landon Fuller, Megan Hester, Tyler DavisMEXICO:1Mexicos Constitution sets up a democratic system of government with three branches and a series of checks and balances, resembling the government set in place by the United States constitution.However unlike the U.S. Mexicos constitution isnt strictly followedThe ExecutiveThe president is both the head of state and the head of governmentHe is elected in a national popular electionThe president serves for a sexenio- a non- renewable six-year termDuring his term he has the majority of the power and is virtually the dictatorThe president is usually a part of the PRI party, and each president choses his successor, which has historically been the president who wins the next electionPowers of the ExecutiveFormalInitiates legislationLeads in creation of foreign policy Create government agenciesCan make policy by decree or through administrative regulations and proceduresInformalManages a vast patronage machine for filling government positionsInitiates legislation and policies that were, until recently, routinely approved by the congressRecent PresidentsCurrent President- Enrique Pena Nieto was inaugurated on December 1st 2012, he is a member of the PRI partyFelipe Caldern 2006-2012Vicente Fox 2000-2006Both Fox and Caldern were part of the PAN party, a very unusual choice by the Mexican peopleErnesto Zedillio 1994-2000 a member of the PRI party, he refused to name his successor

Current President NietoThe BureaucracyEmploys almost 1 million peopleThey staff schools, state-owned industries, and semi-autonomous agencies, and fill positions in state and local governmentsOfficials are paid very little, but at high and middle levels they have lots of powerBureaucracy continuedUnder PRI control there is a lot of patron-clientalism and bribery, as well as using insider information to promote business dealsPara-statal sector- made up of semiautonomous or autonomous government agenciesUnder the PRI the para-statal sector was huge, it began to be trimmed back after by economic reforms that began in the 1980s

Legislature Then During one-party rule the legislative branch was primarily a rubber stamp to executive initiatives.Because the President could get his own party elected though corrupt elections politicians owed their allegiance to the President allowing him to rule unopposed.Legislature ThenAlso, legislatures in both houses could only serve one consecutive term. If they wanted to continue in politics the fate of their entry into the executive branch was determined by the President. More reason to keep him happy.

Legislature NowThanks to democratization in the 1980s the legislature is no longer controlled by the Executive branchLegislature (Upper House)Upper House: SenateCmara de Senadores128 Members 3 Senators from each of the 31 states and Federal District of Mexico City (92 total)The remainder elected by proportional representation (32 total) In theory the house is supposed to initiate legislation but 90% of the time the Executive branch initiates and the houses approveServe 6 year terms (cannot serve consecutive terms)Foreign policy Approves presidential appointmentsApproves international agreements

Legislature (Lower House)Lower House: Chamber of Deputies Cmara de Diputados500 Members 200 who are elected by proportional representation 300 who are elected from single member districts No party may have more than 300 seatsServe for 3 years (cannot serve consecutive terms)Tends to matters concerning the budget and public expenditures

The mixture of proportional and single-member district voting styles in the lower houses allows for representation from each district as well as party variety.12In the case of ImpeachmentSenate acts as jury while the Chamber of Deputies has the power to prosecuteJudiciaryNo independent judiciaryNo judicial reviewCode lawConstitution of 1917 does not have a high level of legitimacy and can be easily amended.Most laws are federal, so state courts play only a small role.

Ernesto Zedillo (1994-2000) tried to strengthen the courts by emphasizing rule of law.There is more dependence on courts to fight corruption, drugs, and police abuse, as well as protect basic freedoms.The record of a proceeding is not available to the public.Courts are viewed as corrupt.

Supreme CourtHighest federal courtPower to strike down laws as unconstitutionalMay declare a law unconstitutional when 1/3 of the National Congress, 1/3 of a state congress, or the Attorney General asks the Supreme Court to review the constitutionality of a law.Judges are appointed for life, however they usually resign after each sexenio.

Supposed to have Judicial Review, but the Supreme Court almost never overrules an important action or policy

Controlled primarily by the Executive BranchJudiciary CorruptionJudiciary power is limited by the perception that courts are corrupt.Judges are afraid to rule against gang leaders and are often bribed.Federal and state courts are now required to conduct oral trials to improve the gathering and presenting of evidence.

MilitaryMilitary generals dominated Mexican politics in the 1800s-early 1900s.The PRI dramatically reduced the militarys power in the 1940s.

Military efforts have been focused on combating drug trafficking.

Military CorruptionPatron-client system exists between presidents and military officers.Deals between military officers and drug barons occur.The U.N. reports the military has been involved in an increasing number of disappearance cases. The military is still positively regarded by the people. http://justiceinmexico.org/2012/09/21/forced-disappearances-a-growing-problem-in-mexico/

http://www.youtube.com/watch?v=uCXTQL8UuUY