Judicial Branch in Mexico
Introduction
The Judicial Power of the Federation (Poder Judicial de la Federación) is established by Articles 94 through 107 of the Constitution. It comprises the Supreme Court of Justice of the Nation (SCJN), the Federal Judiciary Council (CJF), the Electoral Tribunal (TEPJF), Circuit Courts (Tribunales de Circuito), and District Courts (Juzgados de Distrito). The judiciary is independent and exercises constitutional review through multiple mechanisms.
Organization
The federal judiciary is organized hierarchically: district courts serve as trial courts for federal matters; circuit courts hear appeals from district courts and exercise specialized jurisdiction in amparo proceedings; and the SCJN is the court of last resort for constitutional matters. The CJF administers the judiciary, appoints and promotes judges, and exercises disciplinary authority.
Jurisdiction
Federal courts have jurisdiction over matters involving: federal laws and treaties; maritime law; diplomatic and consular cases; constitutional controversies; amparo proceedings; federal crimes; and cases where the federation is a party. State courts retain jurisdiction over matters governed by state law, with federal review available through amparo for constitutional violations.
Independence
Judicial independence is guaranteed by: constitutional protection of judicial salaries; security of tenure (judges serve until mandatory retirement age, typically 75); the CJF’s role in judicial appointments and discipline; and the prohibition on removing judges except for cause. The 2024 judicial reform introduced popular election of judges, raising new questions about judicial independence.
Constitutional Review
The federal judiciary exercises constitutional review through three principal mechanisms: the action of unconstitutionality (abstract review before the SCJN), the amparo remedy (concrete review by any federal court), and the constitutional controversy (disputes between governmental entities). All federal courts exercise conventionality control, reviewing domestic law for consistency with international human rights treaties.
State Courts
Each of the 31 states and Mexico City has its own judicial system, organized similarly to the federal model, with a Superior Court of Justice at the apex, circuit courts, and trial courts. State courts have jurisdiction over civil, family, criminal, and administrative matters under state law, subject to constitutional standards and amparo review by federal courts.
Conclusion
The Judicial Power of the Federation is an independent branch of government with comprehensive jurisdiction over federal matters, constitutional review, and the protection of fundamental rights. The federal judiciary’s structure ensures access to justice through multiple levels of review and specialized courts.