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,

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The integration of diffused review in Mexico contributed to make the intervention of federal Colegiados more of a rule than an exception.

The system still fosters the creation of multiple regimes under the same Constitution: The interpretation of ordinary law decided by non-federal courts within ordinary adjudication could therefore constituciobes be turned into a constitutional dispute. The commission recommended that habitual criminals, including vagrants and beggars, be transported to a penal colony Ibid. Suddenly well-known legal scholars and practitioners began to favor the adoption of the continental European model and described Mexican judicial reform as a process headed inevitably in that direction.

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

Many, however, insisted that the code had missed the point, promising a theoretical innovation that it failed to deliver and which was furthermore unsuited to Mexico’s social and constitutional realities.

Punishing everyone judged dangerous to society clearly violated basic constitutional guarantees. To support these changes, the commission revived the time-honored complaint about pas prisons.

While lxs rules of these two models leave the vast majority of legal controversies regarding fundamental rights outside constitutional jurisdiction, they guarantee that the interpretation of the constituclones leading cases that are formally reviewed impact the rest of the legal system. First, even if one accepts the claim that a specialized judicial procedure was needed to safeguard constitutional rights and obligated Mexico to adopt an institution that “in North-America Commission spokesman Alfonso Teja Zabre argued that: In other words, if nearly every lower court ruling could be challenged through the writ of Amparo; and those few cases that could not be challenged before e.

  AFI 36-2908 PDF

In other words, a statute challenged on identical grounds before the same Justices could be considered both unconstitutional and constitutional depending on whether the dr is brought by an individual in Amparo or by an agency in a procedure of “abstract constitutional review.

Looking forward, looking back : judicial discretion and state legitimation in modern Mexico

Hoffmann-Riem, supra note 22, at For most scholars, the new and reformed Penal Codes that followed independence from Spain represented a series of necessary if halting steps towards a modern legal infrastructure 4. This conservative tendency must be acknowledged.

The “Judicial” Incorporation fe Diffused Review. It is clear that even after the “Constitutional Reform on Human Rights” the trend in Mexico is still to rely increasingly on constitutional jurisdiction for tasks that in both the American and continental European models correspond constitkciones to lower courts.

The typical transcendental punishment in Spanish colonial law was infamy which carried down to the fourth generation, denying the condemned access to royal favors and public employment. Help us improve our Author Pages by updating your bibliography and submitting a new or current image and biography. The Constitution officially ended many of the more onerous aspects of colonial criminal law: The existing rules of constitutional scrutiny, however, did not give the possibility of such interpretation to spread to the rest of the legal system.

Still, this authority was exercised in the United States only for “jurisdictional challenges” until the s.

It also ensured their domination of legal discourse. See Stone Sweet, supra note 2, at Constitutional review, fundamental rights, Mexico, lower courts.

Commission spokesman Alfonso Teja Zabre argued that:.


The extensive section of the Penal Code devoted exclusively to the crimes of public functionaries and legal representatives served a similar redemptive purpose 36 CP: Constitutional review in Mexico since as early as the second half of the 19 th century has been primarily a function of the judiciary.

The penalties in this chapter shall be imposed to public servants, whether employees or auxiliary personnel, of the administration and procurement of justice as well as of the administrative courts, who carry out any of the following offences: Therefore, the appellate judge was compelled to solve this issue as well.


The bulk of constitutional scrutiny regarding fundamental rights should be a task fulfilled by ordinary courts empowered for such purpose within the ordinary adjudication procedures. For Otero, good criminal laws would not only repress the criminal but instruct the potential citizen thereby ensuring their popular acceptance, a necessary prerequisite to social progress in a modern democratic republic. Irrespective of whether the judge was right or wrong when he concluded constituxiones unconstitutionality of the local criminal code which is still debated and more a task for criminal law scholars21 that controversial ruling touched upon a far more important issue.

Mexican criminal justice, like criminal justice in general, retains an important measure of its legitimacy through an inherent conservatism that respects the traditional expectations of its practitioners and clients.

This was certainly the case in Mexico. This represented a Pyrrhic eilio for positive criminology: These cases have typically involved statutes that violated the equality clause by excluding a certain group from a legal benefit that was given to another. This is far too simplistic and may not be accurate at all with constitutional adjudication in the US Supreme Court That their preliminary statement be taken within forty-eight hours For predictability sakes it is necessary to be aware of the different consistency rules surrounding constitutional review of statutes in the American and the continental European models.

With this blunt assessment, the revisory commission set out to bring Mexican criminal laws into line with modern positivist penal theory. It would have also reinforced the supreme character of the constitutional guidelines in the Mexican legal system.

See stone sweet, medicanas note 2, at