Rule of Law in Mexico: Fact or Fiction

摘要

To enhance the Rule of Law, Mexico has attempted to significantly change its entire system of laws, by moving towards a more transparent justice system, more akin to the open adversarial system possessed by the United States than the closed inquisitorial system employed for most of the 20th century in Mexico. Unfortunately, these constitutional, legislative and professional reforms made to the Mexican justice system, while a step in the right direction, have not yet yielded the desired effect of vastly improving the Rule of Law. This paper will analyze key areas of the Mexican justice system and compare them to internationally accepted standards relating to the Rule of Law. Next, this paper will review recently enacted reforms to the Mexican justice system in order to determine whether these initiatives have had a significant effect on improving the system of justice in Mexico. Finally, this paper will make recommendations on the way ahead for Mexico in its journey to obtain stability through adherence to the Rule of Law. Ultimately, it is this paper's contention that the current efforts to reform Mexico's legal system have inadequately addressed the most significant issues relating to the establishment of a fair and just legal system in Mexico.