“Justice, yes, but not like this”

The State, defined by the Greeks as the highest work of culture, bequeathed to subsequent generations two inexcusable powers: justice and security.

Justice was engendered by the Latin West as constans et perpetua voluntas jus suum cuique tribuendi , as Ulpian said, that is, the constant and perpetual will to give each person his corresponding right.

Security was created as the guarantee, the mortgage of justice to make order and organized coexistence a reality among men. When the concept of security fails, the power of justice prevails over any state obligation towards the community.

Because by making a clean slate of all the modalities, meanings, theories, concepts, definitions and all the paraphernalia that has been written for centuries about the State, we have reduced it from being a super powerful Leviathan to a poor subject burdened with patrimonial liabilities, defenseless against extra-legal powers, that is what there is.

Thus, we are left with the pre-Socratic concepts that the Ionian philosophers defined from the Mediterranean Hellas Minor. This millennia-old appreciation is not insignificant and always leads us to consider that these two bastions, security, and justice, are the only justification for the existence of the State. And that when one fails, the other must subsist.

Without security and without justice there is no governability

The delicate political and economic conditions that the country is going through make it exceedingly difficult to separate the two concepts of security and justice in everyday life. It is a recurring phenomenon to observe how public security institutions try to interfere in the application of justice.

As is also often observed, every time the political and social system of the established State fails, citizens, institutions and political forces vehemently lean towards judicializing life in society, converting all litigation and all differences into constitutional controversy, and destroying the division of powers.

Nowadays, it is necessary to accept that without security and justice there is simply no governance and without an adequate framework for coexistence there is no possible tomorrow.

The basis of a country’s development is to provide justice

It is therefore urgent to rethink the terms of security and justice in the context of the economic, political, leadership, economic identity, fiscal, globalization, legal, political party, army, church, school, and media crises, among other recurring crises in the country.

The greater investment by the State in matters of public and national security is opposed by the greater amount channeled to feed the macro figures of the fictional economy, to increase the accounts of the foreign debt deficit, the destination of monetary reserves, and the large embezzlement of the budget under-execution that precipitates unpredictable futures.

Combating the severe problem of corruption and impunity, the latter being more serious than the former, means understanding that the basis of a country’s development is to provide justice, and then everything else will be built, under penalty of condemning oneself to failure or falling into the hands of unbridled crime, because it tends to occupy all the power vacuums.

The time has come to strengthen the judiciary

Basic democracy must be synonymous with order and stability, the product of laws and institutions that enforce it as well. It must replace legislative and bureaucratic paralysis that wants one law for everything. It must use imagination so that judicial activities can fill in the doubts about the content and procedures to follow, erga omnes.

The time has come to strengthen the judiciary to intervene in all types of impunity under all jurisdictions. Impunity due to economic interests, state concessions, family relations, membership in clans or political parties, holding public office…

…due to conflicts of federal or common district, territorial limits, membership in media outlets, withdrawal, prescription, expiration or non-exercise of criminal action, granting of initial release, employment in the financial sector…

…for political aspiration, for social advancement, for age, for the divorce between legal reality and political reality to avoid social disorders, for pretending reconciliations, for favoring or hindering free trade, for not blaming third parties…

…for possession of judicial vehicles, for not applying administrative sanctions, for closing streets and roads, for belonging to unions, for being in currents contrary to them, for supporting trade union and business groups, for invading private property, in short, for having impunity as a reason of State.

In short, when the entire political, economic, social, and cultural system is in danger of failing, the only reason for existence that remains intact are the institutions that administer and administer justice. The reason for existence, the ultima ratio that gives foundation to the existence of constituted power as a transfer of personal sovereignty to the command of the collective.

Modify habits and customs, then the laws

In recent times, it has been considered that justice systems are overwhelmed by the dynamics of reality. This criterion always ignores the fact that habits must become customs, and these are reflected in laws. It ignores the fact that instead of changing the laws to suit one’s whims or adjusting the law to our whims, first things first.

Change begins with us. It is not necessary to modify the law ad libitum , if the habits that cause the transgressions are first modified. Since every act of authority presupposes a prior law, this is the appropriate framework for the prevalence of the Social State of Law.

Leap into the void, disqualifying the constitutional court

Andrés Manuel López Obrador disqualifies the Judiciary daily, without exceptions.

He sends to “his” submissive Congress a constitutional reform to modify it from the root, proposing that judges be elected by popular vote. The result of these elections is predictable, if he manipulates at will the majorities that receive government subsidies — the “support” of the Welfare — as well as the electoral bodies, most of whose members he has in his pocket.

It has already caused a large part of the citizenry to lose confidence in those who seek and enforce the law. To disqualify a priori all the institutional efforts that have been made to form the core of the Judicial Branch, of the supreme constitutional arbiter, is simply a leap into the void that we Mexicans should never take.

And that trust will be completely lost when the new judges, a product of the reform that will be approved in Congress these days, begin to issue rulings and resolutions.

We no longer have the benefit of the right to protection. Pretrial detention has already been institutionalized.

We are defenseless.

The judiciary must be reformed, yes. But not like this, as the young university students who are protesting the reform proposed by AMLO say.

We must preserve and increase the sense of justice, the only free power left to the State.

Clues

And what is the state of the nation after the first 71 months of Andrés Manuel López Obrador’s presidential administration? We did not know for sure, after he delivered his message in the Zócalo on Sunday. More than certainties, we heard fallacies. “What happened in Denmark was a pure whim and the raised hand, well, you know how the people are,” he admitted in his matinee on Tuesday, two days later. It is true that the emotionally depressed Mexican society gathered in the Plaza de la Constitución needed to be encouraged. But we know well, neither the rhythmic cheers nor the colorful miniskirts of the cheerleaders are heard or seen the same when the scoreboard is scoring a thrashing against us. Violence 10 — Mexican Society 0. Social Irritation 15 — Conformism 6. Scarcity 99 — Salaries 2… Thrashing! * * * My recognition to you who read up to this point. As always, I wish you good luck and many, many days!

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