The Ayotzinapa decision: self-restraint and transitional justice under review

Transitional justice seeks to foster public trust, social reconciliation and effective victim reparation (De Greiff, 2011). Some commentators argue that constitutional courts should contribute more actively toward these aims (Ginsburg, 2012). This may bring about a tension among the goals of transitional justice and the limits of judicial power. The decision in which a Mexican court ordered the executive branch to establish an ad-hoc commission of inquiry to solve the Ayotzinapa case (June 4th, 2018) provides a useful example to discuss the role of the judiciary faced by the systemic failure of justice institutions. The presentation aims to explore the ways in which we can evaluate courts’ decision to exceed the powers placed upon them, with the view of restoring the Rule of Law.