Analysis of the 1843 Basis of Political Organization in Mexico
The 1843 Basis of Political Organization in Mexico
Judicial System
Meanwhile, in each village, mayors, as expressed in Article 2, will have jurisdiction. Each party will appoint an individual judge, with two judges in each province, and a superior court in a place specified by Congress.
The two neighboring mayors and one individual appointed by each party shall exercise conciliatory functions in civil disputes.
The individual judge will conduct the proceedings in the first instance and will, alone, sentence all criminal and civil cases that have an appeal. For civilians who do not have legal representation, the judge and two colleagues, appointed by choosing one of three candidates proposed by each party, shall determine the outcome. Criminal penalties will not be enforceable without the approval of the judge and colleagues.
The second instance, in civil and criminal cases, is substantiated by the magistrate of the province, and sentenced by him and two colleagues to be elected from lists. These lists must be proposed in the two containers, civil and criminal, by the accused or their counsel and trustee council.
There will be a third instance where the sentence of the second instance confirms the first. Otherwise, the case will be decided by another judge residing in the province, along with two colleagues named as above.
The Supreme Court, composed of seven judges, will hear the grounds for invalidity against sentences given in the final instance and criminal charges against state judges. They will decide their competencies, oversee the speedy administration of justice, and judge judges and magistrates who delay the release of causes or substances according to law or issue judgments against the express law.
Senate
shall consist of individuals elected by the provincial congress a proposal from county election boards. You must live in the place specified by the national congress: cancel the preservation of the constitutional system: the legislature to propose draft laws as it deems necessary to fill this object: Claim to the same laws that are contrary to the constitution, or were not discussed or agreed on a form prescribed herself: trying individuals body executive, legislative deputies, judges of the supreme court of justice, and Secretaries of State in specific cases to designate a clear and well thought out law: extraordinary congress to convene in cases prescribed by the constitution, have the constitutional militia, giving it the heads of relevant orders in specific cases, also designate the constitution.
4 .- First draft of the constitution of the Mexican republic
In order to convene a new Congress and elect a provisional president in September 1841, Lopez de Santa Anna declares Tacubaya Bases. As a result of the elections of deputies that were made in April 1842 the people elected a significant number of representatives of liberal biasMostly interested in returning to the federalist system. The liberal deputies submitted their draft federal constitution in an almost political lynching against, especially by the conservative press, the initiative would pass to the inglorious history. In 1843, during the dictatorship of Antonio López de Santa Anna, was appointed National Legislative Board to sanction a new constitution under the title of Organization Basis of Politics in Mexico.
On January 7, 1843, the Board appointed the Committee on Constitutional basis would consist of nine individuals, the committee was empowered to submit for discussion the foundations of the constitutional project. On March 20th gave first reading to the draft Rules of Organization for Mexico presented by the Commission would be given second reading on April 8, at the same meeting and was approved without much discussion in general and immediately proceeded with the discussion in particular.
The new constitution preserves much of the legislative achievements driven by liberals, among others: the abolition of all forms of slavery, freedom of press and opinion, personal security and inviolability of property and home, rather than because of public utility. However, the Constitution continued the project centralist and conservative of the Seven Laws of 1833, and even went further by establishing an inordinate veto for the executive. The Basis of Political Organization in Mexico in 1843 were in effect until 1846, just over three years, during the administration of President Jose Joaquin Herrera and beginning of the war against American intervention. In the inoperability of the Charter of 1833 and 1843, during the war with the U.S., we decided to restore the 1824 Constitution and attaching a Constitutive Act and reform.
The Basis of Political Organization of the RepMexican ública 14 June 1843 are as legislative history to the Seven Constitutional Laws of 1836, the Federal Constitution of the United Mexican States in 1824, the Constitutive Act of the Federation adopted by the Second Constituent Congress on January 31, 1824 ; the Constitutional Decree for the America of 1814, better known under the name Apatzingn Constitution, the Feelings of the Nation, 1913, the Constitutional Elements (1811) of the Board of Zitcuaro, and somehow the Constitution or Constitution of Cadiz Policy of the Spanish monarchy in 1812.
The Board, in its draft Rules of Organization, argues that the Mexican nation is independent, free and sovereign, by adopting an internal government in the form of representative Republic and popular that its territory included what had been the Viceroyalty of New Spain , Captain General of Yucatán, the Commandery of the interior provinces of East and West, Upper and Lower California and Chiapas, Keeps the political division into departments, eliminates the principle of popular sovereignty, but instead states that “the sum of all public power resides in the nation,” consolidates power sharing executive, legislative and judicial profession confirms its Catholic Apostolic Roman excluding any other, continues the abolition of slavery “none is a slave on the territory of the nation, and the introduction will be considered in the free class, which remained under the protection of the law” maintains fundamental rights to property, freedom of thought, equality before the law, inviolability of domicile and freedom of transit, confirms the existence of a divided Congress into two chambers, places the supreme executive power in a judge who called President of the Republic with a duration of five years, presents an advance in social security, to instruct the executive to “provide pensions and retirements, and pensions license, In accordance with the provisions of the laws “and” take care of public health and regulate appropriate to preserve, significantly increases the general powers of the executive, particularly in the legislative field, establishing departmental assemblies to a number not 8 members and pass down seven, ring persists in the local congresses preserving departmental governors to be appointed by the president of the republic.