Constitutional Supremacy and Rights in Mexico

Posted on Nov 25, 2024 in Law & Jurisprudence

Constitutional Supremacy

Constitutional supremacy is a fundamental principle where policy is legally bound by the supreme authority of constitutional norms.

Rigidity of the Constitution

A rigid constitution, such as outlined in Article 132, has specific procedures for amendments, distinct from ordinary legislation.

Constitutional Gaps (Ferrajoli)

  • Primary Gaps: Absence of a standard requiring specific behavior.
  • Secondary Gaps: Lack of mechanisms to invalidate violations or impose sanctions.

Internal Security and Constitutional Defense

Mechanisms for Constitutional Protection

  • Amparo (Articles 103 and 107)
  • Constitutional Controversy (Article 105)
  • Action of Unconstitutionality (Article 105)
  • Supreme Court’s Power of Investigation (Article 97)
  • Trial for the Protection of Political Rights (Article 99)
  • Electoral Constitutional Revision Trial (Article 99)
  • Impeachment (Article 110)
  • Non-Jurisdictional Human Rights Protection (Article 102)

Ombudsman

The Ombudsman is a non-jurisdictional state official protecting citizens’ interests against state abuses (Article 102).

Autonomous Constitutional Bodies

These bodies, created by the constitution, operate outside traditional power structures.

International Interests and Human Rights

International Courts

  • Inter-American Court of Human Rights (Pact of San Jose)
  • International Criminal Court (established after WWII to prosecute serious international crimes)

Ownership of Rights

The Constitution assigns rights to all people and specific rights to citizens (Ferrajoli). These include:

  1. Education (equal access)
  2. Health Law
  3. Working Freedoms and Limits
  4. Freedom of Expression
  5. Print
  6. Requests
  7. Roasting
  8. Possessions
  9. Free Transit of Weapons
  10. Non-Retroactivity of the Law
  11. Extradition
  12. Arrest Warrant Requirements (Foundation and Motivation)
  13. Autotutela
  14. Custodial Sentences (Only for Serious Crimes)
  15. Period of Detention
  16. Principles of Criminal Prosecution
  17. Investigation of Crime by the Ministry
  18. Prohibition of Certain Penalties
  19. Judicial Instances (More than 3)
  20. Religious Freedom
  21. National Development
  22. Democratic Planning
  23. Land Ownership
  24. Cases and Monopolies
  25. Procedure for Suspicion of Securities
  26. Duties of Mexicans (Article 31)
  27. Constitutional Reforms (Article 135)
  28. Powers Reserved to the State (Article 124)
  29. Constitutional Inviolability (Article 136)
  30. Prerogative of Citizens (Article 35)

Rights of Any Person Concerned

I. To be presumed innocent until declared responsible by a judge.

II. To testify or remain silent.

III. To be informed of the facts alleged against them and their rights upon arrest and appearance before a prosecutor or judge.

IV. To present relevant witnesses and evidence.

V. To be tried in open court by a judge or court.

VI. To be provided all necessary information for their defense.