The Constitution of Mexico: A Contextual Analysis by Jos? Mar?a Serna de la Garz

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This book provides an overview of Mexico's political evolution since it became independent from Spain in 1821, and its current constitutional arrangements, principles and structures.

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher Description

This book provides an overview of Mexico's political evolution since it became independent from Spain in 1821, and its current constitutional arrangements, principles and structures. The aim is to explain this evolution as the result of struggles between the interests and ideologies of different groups within Mexican society, each with a different political vision of how the State should be organised. Chapter 1 reviews Mexico's constitutional trajectory, and explains why democracy, republicanism, federalism, separation of state and church, protection of fundamental rights and the Nation's ownership of mineral resources first became constitutional principles. Chapters 2, 3, 4 and 5 deal respectively with democracy and the electoral system, and the legislative, executive and judicial branches of federal government. Chapter 6 introduces the institutional structure of Mexico's federal system, while Chapter 7 discusses the rules, principles and institutions for the protection of human rights. Chapter 8 examines the constitutional regime of Mexico's economy. The conclusion explains how a series of factors has combined to produce a gap between the formal Constitution and what can be seen as the living Constitution; bridging that gap presents Mexican politics and society with one of its great contemporary challenges.

Author Biography

José María Serna de la Garza is a Researcher at the Institute of Legal Research and Professor at the Law School, both of the National University of Mexico.

Table of Contents

1: Mexico's Constitutional TrajectoryI. IntroductionII. DemocracyIII. RepublicanismIV. FederalismV. Separation of State and ChurchVI. Fundamental RightsVII. The Nation's Ownership of Mineral ResourcesVIII. Conclusion2: Democracy and the Electoral SystemI. IntroductionII. Institution-building and the Transition to DemocracyIII. The Judicialisation of the Electoral-Political ProcessIV. The Impact of the Inter-American System on Human RightsV. Conclusion3: The Legislative Branch of GovernmentI. IntroductionII. BicameralismIII. Rules on the Integration of the Two Chambers of CongressIV. Organising the Work of Both Chambers of CongressV. The Committee System of CongressVI. Parliamentary Groups in CongressVII. The Permanent Committee of CongressVIII. The Powers of CongressIX. The Legislative ProcessX. Congress's Powers to Check the ExecutiveXI. Jurisdictional-like Functions of CongressXII. The 'Superior Audit of the Federation'XIII. Conclusion4: The Executive Branch of Government: PresidencialismoI. IntroductionII. The Formation of the Tradition of a Strong Executive PowerIII. Social Change, Economic Reorganisation and Constitutional Reform: The End of the Hegemonic Party SystemIV. Election of the President and his Position as Both Head of State and Head of GovernmentV. The President and the Legislative ProcessVI. The President and the Fiscal ProcessVII. Conclusions5: The Judicial Branch of Government: Courts and Judicial ReviewI. IntroductionII. The Structure and Organisation of the Judicial Power in MexicoIII. Judicial Power, Control of Constitutionality and the Writ of Amparo in MexicoIV. Backlog as the Consequence of the Amparo Casacion: 'The Impossible Task of the Court'V. Towards a Constitutional Court: The Reform of 1994VI. The Court's Article 97 Investigative PowerVII. Conclusion6: The Federal SystemI. IntroductionII. The Constitutional Formula for Allocating Legislative CompetencesIII. Fiscal FederalismIV. Mechanisms of Collaboration in Mexico's Federal SystemV. Municipal GovernmentVI. The Constitutional Status of the Federal DistrictVII. Recent Developments in State ConstitutionalismVIII. Conclusion7: The Protection of Human RightsI. IntroductionII. Domestic and International Pressures and the Shift Towards a New Human Rights Policy in MexicoIII. Changes in the Supreme Court's Interpretation of Human RightsIV. Constitutional Reform Relative to the Criminal Justice SystemV. The Emergence of a New Paradigm on Human RightsVI. Freedom of Religion and the Separation of State and ChurchVII. Conclusion8: The Constitution and the National EconomyI. IntroductionII. The Constitutional Regime of Property Rights in MexicoIII. Public PropertyIV. PlanningV. Agrarian Reform and Social PropertyVI. Expropriation of the Oil IndustryVII. The Electric Power SectorVIII. ConclusionConcluding Thoughts: Democratic Transition and Constitutional Change in Mexico

Review

…an excellent book describing Mexican constitutional organisation…Very few books have been able to present such a detailed and contextual, brief and at the same time rich analysis of the Mexican constitutional system, particularly in English and from a legal perspective. For this important achievement, we cannot but give an enthusiastic welcome to this book. -- Roberto Gargarella * The Journal of Latin American Studies, Volume 46, 2014 *

Review Quote

"...an excellent book describing Mexican constitutional organisation...Very few books have been able to present such a detailed and contextual, brief and at the same time rich analysis of the Mexican constitutional system, particularly in English and from a legal perspective. For this important achievement, we cannot but give an enthusiastic welcome to this book." -- The Journal of Latin American Studies, Volume 46, 2014

Feature

This book provides an overview of Mexico's political evolution since it became independent from Spain in 1821, and its current constitutional arrangements, principles and structures.The book aims to explain this evolution as the result of struggles between the interests and ideologies of different groups within Mexican society.A useful tool for those working in the area of comparative constitutional law.

Details ISBN1849462887 Short Title CONSTITUTION OF MEXICO Series Constitutional Systems of the World Language English ISBN-10 1849462887 ISBN-13 9781849462884 Media Book Format Paperback Year 2013 Imprint Hart Publishing Subtitle A Contextual Analysis Place of Publication Oxford Country of Publication United Kingdom DEWEY 342.72 Series Number 1 UK Release Date 2013-05-31 NZ Release Date 2013-05-31 Author José María Serna de la Garza Pages 254 Publisher Bloomsbury Publishing PLC Publication Date 2013-05-31 Audience Tertiary & Higher Education AU Release Date 2013-05-30 We've got this

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