Rabasa, Emilio. Historia de las Constituciones mexicanas en el derecho en México, Una visión de conjunto, México, UNAM. Robles Martínez, Reynaldo. En este sentido se expresa Emilio O. Rabasa: “Para mí que Cfr. Historia de las Constituciones mexicanas, 3a. ed., México, UNAM, Instituto de Investigaciones. Autres formes du nom: Emilio Òscar Rabasa Mishkin () Historia de las constituciones mexicanas / Emilio Òscar Rabasa,

Author: Daigul Maurisar
Country: Burundi
Language: English (Spanish)
Genre: Business
Published (Last): 27 January 2005
Pages: 416
PDF File Size: 13.36 Mb
ePub File Size: 16.74 Mb
ISBN: 980-2-81586-789-7
Downloads: 77248
Price: Free* [*Free Regsitration Required]
Uploader: Mijinn

This remarkable durability, especially in a region not known for stability, has been much noted but never adequately explained. Regardless of its conclusions, this case would have evidenced a legal system in which constitutional law prevailed over all other jurisdictions; where basic rights were enforced despite statutes ,exicanas may encroach upon them.

The Supreme Court, however, could still take on discretionally a “transcendental case” whose original jurisdiction corresponded in principle to the Three-Judge Panel Circuit Courts. Punishing everyone judged dangerous to society clearly violated basic constitutional guarantees. ComiXology Thousands of Digital Comics. The new constitutional wording is the following: See Otero, supra note 82, at Finally, fundamental rights are an essential element of the Rule-of-law insofar they allow predictability within the legal realm.

Similar authors to follow

Constitutional xe, fundamental rights, Mexico, lower courts. Moreover, these federal courts could only carry out constitutional review within a specialized procedure known as Juicio de Amparo. Meilio a succinct account of Amparo in English see Fix-Zamudio, supra note This implies that the constitutional interpretation is also subject to the traditional common law mechanisms aimed at achieving consistency “between law as declared and as actually administered.

Representatives of the Supreme Council of Social Defense and Prevention and the previous revisory commission were in attendance but only as non-voting advisors Similarly, if this “right” is not applicable for everyone, then it should not be called “fundamental”. In fact these apparently contradictory sources enhanced the code’s ideological possibilities. The system still fosters the creation of multiple regimes under the same Constitution: The “constitution” here includes the constitutional interpretation that the constitutional court has established in its judgments.


All Formats Paperback Sort by: By historis so, it jeopardized the effective enforcement of fundamental rights in the country. First, the enforceability of fundamental rights is an essential element of the Rule-of-law.

Mexico, supra note 4. And, if they had no one to defend them, that they be constitucionse a list of public defenders from which to choose A mix of constitutional review procedures based on elements from different legal traditions is not necessarily wrong e.

Put differently, the model of constitutional review was never described as the reason for which the cases dealing with human rights violations ended up at military courts. Since constitutional supremacy binds every authority without regard, lower courts must also safeguard fundamental rights as part of their judicial activities. The Mexican Constitucilnes between Two Models In practice, the Federal District Penal Code provides the model for most state codes. Our [legislation] after nearly thirty years of revolution, not only of arms, but of customs, government, and histlria, suffers more than anything from the complication, diversity, and uncertainty of the laws Just a year later, the Penal Code commission was up and running again If that previous “conflict of jurisdiction” was of a non-constitutional nature, then the final dismissal of the Amparo filed by Radilla’s daughter was evidently a mistake from the corresponding Three-Judge Panel Circuit Court and thus not necessarily a legislative flaw.

The ideological benefits of a more responsive justice system were obvious.

Historia de las Constituciones Mexicanas Emilio O. Rabasa | Maribel Marin –

Mexico’s relative backwardness also served to justify keeping the death penalty until the development of a reformative penitentiary system. Amazon Drive Cloud storage from Amazon. Mainly because its rules of constitutional review give differentiated treatment to mechanisms that all the same define the constitutional validity of general norms, the Mexican legal system resulted in an mexicanss regime.

Transcendental punishment was directed not just at the individual but at the family as well.

The only recourse is to simplify norms and procedures, prescribing broad and generic regulations that effectively permit the individualization of sanctions Ironically, the specialized writ on which the Mexican system based constitutional review was also significantly inspired by the American legal tradition.

Although habeas corpus was still essentially a common law injunction in hsitoria us at the local level and therefore did not require written legislation to be issued by a state court, 77 the writ faced more restrictions at the federal level.


Constitutional review is thus carried out directly within ordinary judicial procedures and only insofar it is necessary to solve the legal dispute brought before the court. The international court considered that Mexican regulations that transferred criminal proceedings in relation to mexidanas “forced disappearance of persons” to military courts in detriment of the victim’s rights violated two international conventions.

For this reason several scholars refer to centralized systems that allow this rather as “mixed” e.

Critics complained that the new code, for all its theoretical innovations was inconsistent, unnecessarily radical, and unacceptably impractical. Its main purpose is not to correct the mistakes of a lower court in the application of ordinary laws.

The so-called transformation of the Mexican Supreme Dabasa into an “authentic constitutional court” during the last years of the 20 th century did not represent the adoption of the continental European model of constitutional review but rather the selective incorporation of a few of its mechanisms to the existing judicial structures.

Even if one accepts that a constitutional court should be able to declare on its own initiative i. See stone sweet, supra note 2, at This Penal Code was, for its principal author, both conceptually up-to-date and eminently suited to Mexico’s unique historical and geographical situation, two crucial criteria at least for elite acceptance.

Nonetheless, the great mistrust in the authorities of the states was certainly also decisive for such a choice. B, Textos y estudios legislativos Spanish Edition. However, this mechanism did not play any significant role in the Mexican system of the time. All the authorities, within the framework of their competences, have the obligation to promote, respect, protect and guarantee human rights in conformity with the principles of universality, interdependence, hiztoria and progressivity.