Debates and challenges in the direct election of judges: lessons from Bolivia and Mexico

The direct election of judges is a topic that has generated debate in various countries, including Bolivia, where since 2011 a process has been carried out in which citizens choose the members of the national justice tribunals. This modality, which has precedents in the Bolivian constitution, seeks to guarantee the independence and transparency of the judicial system, allowing the citizenry to participate directly in the appointment of those who will administer justice in the country. In Bolivia, the election of judges is framed within the Constitution of the Plurinational State, which establishes that the power to administer justice emanates from the Bolivian people and is based on principles such as independence, impartiality, and citizen participation. According to the constitutional regulations, the magistrates of the different tribunals are elected by popular vote, following a preselection process carried out by the Plurinational Legislative Assembly. However, throughout the two judicial elections held in 2011 and 2017, criticisms and questions have arisen about the effectiveness of this model. Experts and jurists point out that the lack of uniform criteria in the selection of candidates, as well as the intervention of political power in the preselection process, have generated controversies and have affected the legitimacy and transparency of the elections. Furthermore, the judicial crisis currently facing Bolivia, resulting from the postponement of the judicial elections that were supposed to be held in 2023, highlights the challenges and obstacles that the system of judge selection in the country is facing. The lack of agreements in Congress has created a power vacuum in the high courts, which has been a cause for concern both nationally and internationally. On the other hand, Mexico's proposal to implement a similar system of direct election of judges has generated expectations and has reignited the debate on judicial independence and citizen participation in the appointment of judicial authorities. The reform initiative presented by President López Obrador, which includes the direct election of ministers and magistrates, poses challenges and obstacles similar to those faced by Bolivia in its system of judge selection. In this context, it is essential to reflect on the positive and negative aspects of the direct election of judges, as well as to identify the lessons learned from the Bolivian experience to improve and strengthen the processes of selecting judicial authorities in Latin America. Transparency, independence, and citizen participation are fundamental pillars to ensure the legitimacy and effectiveness of the judicial system, aspects that must be considered in any reform or modification of existing models. In conclusion, the direct election of judges is a complex issue that requires a deep and detailed analysis, considering the particularities and challenges of each country. Bolivia's experience in this regard offers important lessons and reflections that can be useful for other countries seeking to strengthen their judicial system and ensure independence and transparency in the administration of justice.