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Abstract: Mexico is in the process of a sea of change for its polity, driven by many external circumstances and internal imperatives. The issue of judicial review looms at the heart of the process. Perhaps more than any other factor, even including eradication of corruption as part of the normal judicial process, Mexico's progress towards a vigorous practice of judicial review will gauge its commitment to an effective rule of law. Judicial review must include the power of the judicial branch to review the constitutionality of acts by the legislative and executive branches and the power to invalidate those acts. Indeed, the success of Mexico's transformation to a system ruled by law may depend as much on its ability to change the functions of its judicial branch and instigate effective judicial review, as on any other initiative in the reform package.
The Mexican judicial branch has always reviewed the application of all sources of law by all actors, from government agencies to private actors corporate and individual, in the legal system. One must comprehend the manner of that review and its effects, from the top of the system to its bottom, to appreciate fully its manner and effect at any specific level. This article examines Mexico’s legal system, the judicial reforms instituted by President Ernesto Zedillo Ponce de Leon, and judicial review.
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