Foundations of Mexican Constitutional Law and Human Rights
Core Concepts of Mexican Jurisprudence
Human Rights and the Legal Order
Human Rights Definition
Human Rights are those freedoms, faculties, institutions, or claims related to primary or basic goods inherent to any person, simply by the fact of being human, intended to guarantee a dignified life.
Foundation of Human Rights
The foundation of human rights is the social value of human dignity.
Philosophical Foundations of Human Rights
- Natural Law
- Ethical or Moral Foundations
- Legal Positivism
Supreme Court and Human Rights
The nation’s highest court considers Human Rights (DH) inherent to human nature, without which a dignified existence cannot be achieved.
Understanding Sovereignty
Concept of Sovereignty
Sovereignty was initially a political conception which later evolved into a concept of a legal nature.
Nature of Sovereignty
- Internal Sovereignty: Refers to its quality as the supreme ruling power within the state.
- External Sovereignty: Relates to state relations with other states.
Constitutional and Public Law
Defining the Constitution
The Constitution is the fundamental law, written or otherwise, of a sovereign state.
Type of Constitution in Mexico
Mexico has a constitution approved by popular sovereignty.
What is Constitutional Law?
Constitutional Law encompasses the most significant legal principles of the state. It is the fundamental branch of law and is superior to all others.
Defining Public Law
Public Law is the part of the law that governs relations between private persons and entities and bodies that wield public power.
Constitutional Division of Powers
Article 49 of the Mexican Constitution establishes the Division of Powers.
The Legal System and Its Structure
Defining the Legal System
The legal system gathers the structures and modus operandi of the agencies charged with the enforcement of rules of law.
Alternative Definition of the Legal System
The legal system defines the set of mandatory rules governing the organization of a state.
Principal Global Legal Systems
- Roman-Germanic (Civil Law)
- Anglo-Saxon (Common Law)
- Customary Law
- Religious Law
Hierarchy of Norms Theorist
The first to speak of a hierarchy of rules was Hans Kelsen.
The Amparo Proceeding (Injunction)
What is the Amparo Proceeding?
The Amparo is a mechanism within Mexican constitutional law aimed at making the individual guarantees established in the Constitution specific, effective, and practical.
Constitutional Articles Mentioning Amparo
Articles 14, 16, 103, and 107 of the Constitution mention the Amparo.
What Does the Amparo Protect?
It protects Individual Guarantees (Human Rights).
Elements of the Amparo Proceeding
- The aggrieved party (quejoso).
- The responsible authority.
- The act in question (the challenged act).
International Law and Treaties
Defining International Law
International Law is the set of links and rules that exist between nations and international organizations.
Leading Exponents of International Law
- Francisco de Vitoria: Initiator of the Law of Nations.
- Hugo Grotius.
First Record of Universal Rights
The first record mentioning rights for all is the Declaration of the Rights of Man and Citizen.
International Law Instruments in Mexican Foreign Policy
Subscription instruments of international law are considered part of the foreign policy of the Mexican state.
The National Human Rights Commission (CNDH)
Establishment of the CNDH (1990)
The National Human Rights Commission (CNDH) was established in 1990 through a decree signed by President Carlos Salinas, primarily to promote and monitor government institutions regarding human rights compliance.
Definition of the CNDH
The CNDH is an organization that possesses administrative and budgetary autonomy, legal personality, and patrimony. Its essential purpose is the protection, enforcement, promotion, study, and dissemination of human rights protected under the Mexican legal system.
Key Powers of the CNDH
- Receive complaints regarding alleged violations.
- Hear and investigate alleged human rights violations.
Ombudsman Offices (Visitadurías)
Historical Precursor of the Ombudsman’s Office
Historically, the function was known as “The Office of the Poor.”
Functions and Locations of Four Ombudsman Offices
- Receives general complaints.
- Located in Matehuala; receives general complaints.
- Receives complaints regarding rights violations in any penitentiary.
- Located in Cd. Valles; receives general complaints.