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Justice by Vote? Insights for Mexico from Bolivia’s Judicial Elections

In September 2023, a reform was passed in Mexico that will see judges elected by popular vote, similar to Bolivia’s system since 2011. This transformation is meant to improve the judicial system’s transparency and accountability, but the experience of Bolivia offers crucial lessons for Mexico.

Bolivia’s judicial elections, though intended to democratize the judiciary, have been marked by political influence and public skepticism. Over time, the elections have been criticized for being manipulated by political parties, undermining judicial independence. This has led to widespread mistrust and low voter engagement.

In Mexico, the reform intends to introduce judicial elections for federal judges and magistrates by 2025, with a goal to elect 7,000 judges by 2027. However, there are concerns that this system could open the judiciary to political pressures and organized crime. The reform, which also reduces the number of Supreme Court justices and their terms, could increase the risk of political capture, as seen in Bolivia.

In Bolivia, despite the intent to create a more inclusive and representative judiciary, many voters were uninformed about candidates, and elections were often seen as pre-determined due to the dominance of the ruling party. This has led to dissatisfaction and protests. The lack of engagement and perception of bias in the system suggest that Mexico might face similar challenges, where elections could compromise the impartiality and legitimacy of the judiciary.

For Mexico, while judicial reform is necessary, it must be carefully designed to avoid repeating Bolivia’s mistakes. Creating a system that is transparent and accountable without compromising judicial independence will be key to preserving public trust in the legal system.

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