Resumo

CHAIRES ZARAGOZA, Jorge. La independencia del Poder Judicial. Bol. Mex. Der. Comp. [online]. 2004, vol.37, n.110, pp.523-545. ISSN 2448-4873.

The transition to democracy in Mexico has implied as a necessary requirement the existence of a more independent judicial branch of government, solely subjected to the rule of law. This essay examines the problems derived as a consequence of the creation of the Federal Council of the Judiciary in the constitutional scene. According to the author, since the constitutional reform of December 1994, this Council has become a central player for an adequate functioning of the federal judicial power, with its contribution to the modernization and professionalization of the federal administration of justice, by establishing new rules for the selection, appointment and training of clerks, judges and magistrates. However, the author explains that its function as an institution that guarantees the independence of the federal judicial power has been affected by its relation with the Supreme Court of Justice; a relation that has not been definitely settled.

Palavras-chave : judicial independence; administration of justice; judicial function; defense of the Constitution.