They present a diagnosis on the rule of law.

Edgar Velasco

When we hear the concept of the rule of law, it's easy to think of lawyers, judges, courts, and rulings. However, upon closer examination, it becomes clear that the rule of law transcends any jurisprudence: it is one of the pillars of democratic life in any country, and what happens to strengthen or weaken it directly affects the quality of life of society. Recent judicial reforms in Mexico have raised concerns in many areas, prompting the Laboratory for the Rule of Law and Public Advocacy (LEDIP) to take action and publish the Diagnostic Report on the Rule of Law in Mexico and Jalisco , a document that brings together the work of academia and the private sector.

The LEDIP is an initiative of the Department of Sociopolitical and Legal Studies (DSOJ) at ITESO. During the presentation of the diagnostic report, the department director, Marcos del Rosario Rodríguez, explained that this initiative stems from the conviction that “the university cannot simply observe reality, but must study it rigorously, explain it clearly, and transform it.” He also stated that the rule of law is not only about laws and courts, but also about the right of individuals to live in a place where the powers of the State are limited, where there are strong institutions, and where accountability prevails. Hence the importance of “reflecting seriously and responsibly on one of the most important issues currently facing Mexico and Jalisco.”

The diagnosis, Del Rosario Rodríguez mentioned, arises in a context of profound transformations within the country's institutions, specifically those related to the Judiciary. In this regard, the academic stated that "it cannot be denied that the institutions had problems and the reforms were necessary, but not just any transformation strengthens the rule of law." The problem, he added, is implementing reforms without adequate diagnoses and controls. In this sense, the diagnosis prepared by the laboratory "seeks to offer a serious, well-documented, and proactive analysis of the reforms."

The development of the Diagnostic Study on the Rule of Law in Mexico and Jalisco is an initiative of businessman Julio García Briseño, who explained that the idea arose from observing the challenges to the rule of law in the country. The founder of Laboratorios Julio noted that Mexico ranks 121st out of 143 countries in areas such as insecurity, impunity, corruption, and institutional weakness. “Given this, a group of business leaders met with José Medina Mora, then president of Coparmex, who provided us with the guidelines for the diagnostic study, its objectives, methodology, and deliverables. We then spoke with Marcos del Rosario, who accepted our invitation to join and presented us with a proposed analysis and concrete proposals. To complete the process, we felt we needed an institution to lend us a hand, so we approached Alexander Zatyrka, who told us, 'Count on me and ITESO.'”

The document presented at Casa ITESO Clavigero analyzes and breaks down four major reforms: those related to the judiciary and access to justice; those made to the Amparo Law and the regulations of Articles 103 and 107 of the Constitution; those related to organizational simplification; and the reforms concerning mandatory pretrial detention and the National Guard. Marcos del Rosario explained that the analysis does not offer “a naive view, but rather raises the need to carry out these reforms responsibly and with evidence, without weakening rights.” He also explained that both in the document and in the projects it has undertaken, the research lab seeks “to generate useful knowledge and propose solutions, recognizing that public problems are not solved by slogans alone.”

José Medina Mora, current director of the Business Coordinating Council (CCE), said that “without the rule of law, there is no sustainable future for individuals, businesses, or the country.” The businessman celebrated Julio García Briseño's initiative and mentioned that, after the judicial reforms, the easiest thing would have been to do nothing. “But during the discussion of the proposal, we were clear that the time was right. Mexico has changed, and now more than ever, the work of the Laboratory is necessary.” Medina Mora also congratulated ITESO for “maintaining its stance of speaking the truth.” Finally, he thanked everyone involved “for their work and time” and said that there will still be “more battles to fight to have a more just, democratic, free, and peaceful Mexico.”

Alexander Zatyrka, SJ, rector of ITESO, reiterated the importance of upholding the rule of law as an indispensable condition for a free and democratic life. He also mentioned that the university has a responsibility to build “knowledge, evidence, and dialogue,” all based on the conviction that “public problems should not be addressed haphazardly or without a solid foundation,” but rather through a methodology that includes evidence, monitoring, and dialogue. Along these lines, the laboratory's work seeks to “generate useful information to identify risks to institutions, formulate proposals, and open spaces for dialogue.” Finally, he stated that upholding the rule of law is not the exclusive domain of specialists, but rather a social issue that requires the participation of all sectors, as was the case in the development of the diagnostic assessment.

During the presentation of the Diagnostic Report on the Rule of Law in Mexico and Jalisco, two other LEDIP projects were also presented: Lorena Vázquez Correa, an academic from the Department of Legal and Social Sciences (DSoj), presented the Democracy and Justice Radar , which reports on decrees published in the Official Gazette of the Federation regarding reforms to the Constitution and its secondary laws. Jesús Ibarra, also an academic from the department, presented the work being done at the Judicial Observatory for Sentence Analysis, which documents court rulings and clearly explains the decisions, how they were made, and their effects.

The diagnosis can be downloaded at https://centraldesoj.iteso.mx/diagnostico-sobre-el-estado-de-derecho-en-mexico-y-jalisco/ .