Supreme Court of Mexico

Supreme Court of Justice
of the Nation
Suprema Corte de Justicia de la Nación
Map
Interactive map of Supreme Court of Justice
of the Nation
19°25′52.01″N 99°7′55.58″W / 19.4311139°N 99.1321056°W / 19.4311139; -99.1321056
Established1825
Jurisdiction Mexico
LocationPino Suárez no. 2, Colonia Centro, Delegación Cuauhtémoc, C.P. 06065, Mexico City
Coordinates19°25′52.01″N 99°7′55.58″W / 19.4311139°N 99.1321056°W / 19.4311139; -99.1321056
Composition methodPopular vote
Authorised byConstitution of Mexico
Judge term length12 years
Number of positions9
Websitehttps://www.scjn.gob.mx/
President
CurrentlyHugo Aguilar Ortiz
Since1 September 2025

The Supreme Court of Mexico, formally the Supreme Court of Justice of the Nation (Spanish: Suprema Corte de Justicia de la Nación; SCJN) is highest court in Mexico and the apex of the Mexican federal judiciary.

Judges of the SCJN are appointed for 15 years.[1] They are ratified through affirmation by the Senate from a list proposed by the president of the republic. The ministers chosen will select from among themselves who shall be the president of the court to serve a four-year period; any given minister may serve out more than one term as president, but may not do so consecutively.

History

Predecessors and origins

Colonial judicial system

The direct institutional predecessor to Mexico's modern supreme court was the Real Audiencia of Mexico (lit. 'Royal Audiencia of Mexico'). Created by royal decree on 13 December 1527, and seated in Mexico City, the Audiencia functioned as the highest appellate tribunal in New Spain with comprehensive civil and criminal jurisdiction.

The Audiencia's role, however, extended far beyond the purely judicial. In the Spanish colonial system, which operated without strict separation of powers, the Audiencia served as a critical advisory body to the viceroy and exercised significant governmental and administrative authority. When the office of viceroy became vacant, the Audiencia assumed interim executive control of the colonial government. The tribunal comprised royally appointed judges known as oidores (lit. 'hearers'), who acted as delegates of the monarch in administering justice.[2]

Revolutionary constitutional development

The ideological foundation for an independent Mexican judiciary was laid during the Mexican War of Independence. José María Morelos y Pavón presented his document Sentimientos de la Nación (lit. 'Sentiments of the Nation') on 14 September 1813, at the opening of the Congress of Chilpancingo. In Article 6 of this document, Morelos articulated a clear vision for dividing sovereignty into three branches, which was given legal form in the Constitution of Apatzingán. Promulgated on 22 October 1814 by the Congress of Chilpancingo, the constitution mandated the creation of the Supremo Tribunal de Justicia (lit. 'Supreme Tribunal of Justice'), composed of five individuals.[3]

The tribunal was formally installed on 7 March 1815, in Ario, Michoacán, with José María Sánchez de Arriola serving as its first president.[4] Despite the difficult circumstances of war, the tribunal attempted to function as an independent judicial body. When royalist forces under Agustín de Iturbide captured Ario on 5 May 1815, the tribunal was forced to relocate repeatedly. The tribunal's existence was brief, as it, along with the other branches of the insurgent government, were dissolved on 15 December 1815.[3]

Establishment

Following the consummation of Mexico's independence in 1821, the Plan de Iguala of 24 February provided the basis for transitional arrangements for governance and law, including the continuation of existing Spanish-era legal institutions such as the royal Audiencias. Following the collapse of the First Mexican Empire and the convocation of a constituent congress, the Acta Constitutiva de la Federación formally adopted a federal republican model and for the first time used the term Corte Suprema de Justicia (lit. 'Supreme Court of Justice').[5] The judicial framework combined French and Spanish influences, reflecting the Napoleonic model of codified law and administrative hierarchy, while the federal structure was inspired by the Constitution of the United States.[6][7]

The Constitution of 1824 established the modern Mexican federal state and its judiciary. Title V, Article 123 declared that the judicial power of the federation would reside in a Supreme Court of Justice, circuit tribunals, and district courts.[6] The Constitution provided that the Supreme Court would consist of eleven ministers and a prosecutor. The method of appointment reflected federalist compromise: each state legislature was to nominate candidates on the same day, the certificates of which were submitted to the federal Congress; then the Chamber of Deputies would deliberate and select among the nominees.[5][7]

Early years

Miguel Domínguez, the first President of the Supreme Court from 1825 to 1827

The Supreme Court of Justice of the Nation was formally installed and began its functions on 15 March 1825, holding its inaugural session in the National Palace of Mexico City.[6] The original bench included several distinguished jurists, among them Juan José Flores Alatorre, Manuel de la Peña y Peña, and Juan Gómez Navarrete, all of whom had previously served as oidores in the colonial Audiencias.[8] Miguel Domínguez, a prominent lawyer and former insurgent leader, was elected as the first President of the Supreme Court.

From its inception, the Court faced substantial institutional and practical difficulties. It operated with limited staff, inadequate facilities, and a severely constrained budget.[8] Moreover, Congress had not yet enacted the necessary implementing legislation to define the Court's organization and jurisdiction. In the absence of an Organic Law or Internal Regulations, the justices initially confined their work largely to administrative correspondence and relied on colonial-era Spanish law and the 1812 Constitution of Cádiz as provisional legal frameworks.[6][7] Not until 1826 did Congress approve the Bases for the Regulation of the Supreme Court, together with the Law of Circuit Tribunals and District Judges, which formally established the structure of the federal judiciary.[5]

Under the 1824 Constitution, the Supreme Court was granted jurisdiction over a range of cases: disputes involving federal entities; cases concerning contracts or business in which the federal government was a party; conflicts of jurisdiction between courts; and political trials for official misconduct by senior public officials, including the President, Vice President, cabinet ministers, and state governors. Within the Federal District and federal territories, the Court also exercised ordinary appellate jurisdiction in civil and criminal matters, functioning as both a court of second and third instance.[5]

Historical development

The Supreme Court's appointment method and size have been reformed multiple times. The selection process evolved from indirect legislative elections to presidential nomination with Senate approval, and finally to direct popular election beginning in 2024. Court size varied from 9 to 26 justices across different constitutional periods.

Appointment methods

Period Constitution/Reform Selection method Description
1824–1857 Constitution of 1824 Indirect legislative election State legislatures proposed candidates; the Chamber of Deputies made the final selection.[9]
1857–1917 Constitution of 1857 Indirect popular election Citizens voted for electors who then voted for justices.[9]
1917–1928 Constitution of 1917 Indirect legislative election State legislatures nominated one candidate each; Congress elected justices by secret ballot and majority vote.[9]
1928–1994 1928 reform Presidential nomination with Senate approval The President nominated candidates; the Senate approved by simple majority.
1994–2024 1994 reform Presidential nomination with Senate supermajority The President submitted three candidates; the Senate approved one by two-thirds vote.
2024–present 2024 reform Direct popular election Justices are elected directly by citizens in a national vote.

Court composition

Period Constitution/Reform Number of justices
1824–1857 Constitution of 1824 11[9]
1857–1917 Constitution of 1857 11[9]
1917–1928 Constitution of 1917 11[9]
1928–1934 1928 reform 16[9]
1934–1951 1934 reform 21[9]
1951–1994 1951 reform 26[9]
1994–2024 1994 reform 11[10]
2024–present 2024 reform 9

Qualifications

  • Be no less than 35 years of age nor over 65 years of age at the time of one's appointment
  • Have held a law degree for at least 10 years.
  • To have a good reputation and have not have been convicted of theft, fraud, forgery, breach of trust, or any other offense which could imply a punishment of more than one year in prison.
  • Not have been Director for Domestic Affairs, Chief of an Administrative Department, Attorney General of the Republic or as Mexico City Attorney General, Senator, Member of Parliament, Governor of any State, or Chief Executive of Mexico City during the year prior to his or her appointment.

The Constitution requires that the appointment of ministers of the court should fall to those persons who have served ably, effectively and honorably in the administration of justice, or to those who have distinguished themselves by their honor, competence and professional background in the exercise of their duties.

Ministers may take leave of their posts for three reasons:

  • The end of their terms
  • Relinquishment, which is only allowed in serious cases, all of which must be affirmed by the President and accepted or discarded by the Senate.
  • Voluntary retirement: Proceeds when the interested party requests their retirement, as long as they meet the conditions of age and seniority.

Membership

Sitting justices

The Supreme Court of Justice of the Nation is composed of nine justices. From among its members, one is designated as president for a two-year term. The presidency is determined by the order of votes received in the judicial election, beginning with the justice obtaining the highest number of votes and rotating in descending order. The current president is Hugo Aguilar Ortiz.

Justice Age at Start date /
length of service 		Election
Start Present
(President)
Hugo Aguilar Ortiz
(1973-04-01) 1 April 1973 (age 52)
San Agustín Tlacotepec, Oaxaca 		52 52 1 September 2025
135 days 		2025
Lenia Batres Guadarrama[a]
(1969-08-06) 6 August 1969 (age 56)
Mexico City 		54 56 14 December 2023
2 years, 1 month
Yasmín Esquivel Mossa[a]
(1963-09-15) 15 September 1963 (age 62)
Mexico City 		55 62 12 March 2019
6 years, 10 months
Loretta Ortiz Ahlf[a]
(1955-02-24) 24 February 1955 (age 70)
Mexico City 		66 70 12 December 2021
4 years, 1 month
María Estela Ríos González
(1947-04-04) 4 April 1947 (age 78)
Mexico City 		78 78 1 September 2025
135 days
Giovanni Azael Figueroa Mejía
(1978-08-07) 7 August 1978 (age 47)
Tuxpan, Nayarit 		47 47 1 September 2025
135 days
Irving Espinosa Betanzo
(1975-12-23) 23 December 1975 (age 50)
Mexico City 		49 50 1 September 2025
135 days
Arístides Rodrigo Guerrero García
(1984-04-27) 27 April 1984 (age 41)
Mexico City 		41 41 1 September 2025
135 days
Sara Irene Herrerías Guerra
(1964-02-25) 25 February 1964 (age 61)
Mexico City 		61 61 1 September 2025
135 days

Presidents

Meeting of the president Enrique Peña Nieto with the eleven Ministers of the Supreme Court of Justice of the Nation

The following persons were once Presidents of the Supreme Court under the 1917 Constitution:

Supreme Court building

The court itself is located just off the main plaza of Mexico City on the corners of Pino Suarez and Carranza Streets. It was built between 1935 and 1941 by Mexican architect Antonio Muñoz Garcia.[11] Prior to the Conquest, this site was reserved for the ritual known as Dance of the Flyers which is still practiced today in Papantla. Hernán Cortés claimed the property after the Conquest and its ownership was in dispute during much of the colonial period with Cortes's heirs, the city government, and the Royal and Pontifical University all claiming rights. It was also the site of a very large market known as El Volador.[12]

Within the building, there are four flanks painted in 1941 by José Clemente Orozco, two of which are named The Social Labor Movement and Commonwealth. There is also a mural done by American artist George Biddle entitled "War and Peace" at the entrance to the law library.[12] The building also contains a mural by Rafael Cauduro, which "graphically illustrates the Gran Guignol of Mexican torture",[citation needed] and includes a depiction of the 1968 Tlatelolco massacre as well as "a cut-away of a prison, perhaps the infamous Lecumberri Black Palace where student leaders who escaped death were jailed."[citation needed]

While this building is still the chief seat for the Supreme Court, an alternative site at Avenida Revolución in the Guadalupe Inn district was opened in 2002.[13]

  • Building of the Supreme Court of Justice of Mexico
    Building of the Supreme Court of Justice of Mexico
  • Supreme Court of Justice Building
    Supreme Court of Justice Building
  • Entrance to the court
    Entrance to the court
  • One of the chambers of the Supreme Court
    One of the chambers of the Supreme Court

Notes

  1. ^ a b c Batres Guadarrama, Esquivel Mossa, and Ortiz Ahlf had initially been appointed before the 2024 Mexican judicial reform and were subsequently re-elected to retain their seats.

References

  1. ^ Article 94 Mexican Constitution
  2. ^ Soberanes F., José Luis (1977). "INTRODUCCION AL ESTUDIO DE LA AUDIENCIA DE MEXICO" (PDF). Revista de Investigaciones Jurídicas: 465–476.
  3. ^ a b La Constitución de Apatzingán y la libertad de la América mexicana [The Constitution of Apatzingán and the Liberty of Mexican America] (in Spanish) (1st ed.). Tribunal Electoral del Poder Judicial de la Federación. 2016. ISBN 9786077083450.
  4. ^ Guzmán Pérez, Moisés (2016). "Historiografía sobre los ministros del Supremo Tribunal de Justicia de Ario" [Historiography on the ministers of the Supreme Tribunal of Justice of Ario]. Tzintzun. Revista de estudios históricos (in Spanish) (64): 92–115. ISSN 1870-719X.
  5. ^ a b c d Flores, Graciela Flores (1 January 2015). "El procesalismo judicial criminal – ordinario durante la primera República federal (1824 – 1835, Ciudad de México)". Revista Mexicana de Historia del Derecho (in Spanish): 189–221. doi:10.22201/iij.24487880e.2015.31.10212. ISSN 2448-7880.
  6. ^ a b c d Fix-Zamudio, Héctor (2005). "El Poder Judicial en la Constitución Federal de 1824" (PDF). La Constitución Federal de 1824 (in Spanish). Universidad Nacional Autónoma de México, Instituto de Investigaciones Jurídicas. p. 111–143.
  7. ^ a b c Cortez Salinas, Josafat (2015). "Sobre el origen de la Corte Suprema de Justicia de 1824". Boletín mexicano de derecho comparado (in Spanish). 48 (142): 451–464. ISSN 0041-8633.
  8. ^ a b Arnold, Linda (1996). Política y justicia: La Suprema Corte Mexicana (1824-1855) (in Spanish). Universidad Nacional Autónoma de México, Instituto de Investigaciones Jurídicas. ISBN 9789683654397.
  9. ^ a b c d e f g h i Cabrera, Lucio (1957). "History of the Mexican Judiciary". University of Miami Law Review. 11 (4): 439–462.
  10. ^ Vargas, Jorge (1996). "The Rebirth of the Supreme Court of Mexico: An Appraisal of President Zedillo's Judicial Reform of 1995". American University International Law Review. 11 (2): 295–341.
  11. ^ Percy Alvin Martin; Ronald Hilton (1945). Who's who in Latin America: A Biographical Dictionary of Notable Men and Women of Latin America. Stanford University Press. building for the nat. supreme court, 1929 (constructed 1935-41).
  12. ^ a b Galindo, Carmen; Magdalena Galindo (2002). Mexico City Historic Center. Mexico City: Ediciones Nueva Guia. p. 60. ISBN 968-5437-29-7.
  13. ^ "¿Qué es la Suprema Corte de Justicia de la Nación y dónde se ubica?" (in Spanish). Archived from the original on 28 February 2009. Retrieved 24 March 2009.

19°25′52.01″N 99°7′55.58″W / 19.4311139°N 99.1321056°W / 19.4311139; -99.1321056

allikas: https://en.wikipedia.org/wiki/SCJN