Pub Date : 2024-07-02DOI: 10.22201/iij.24485306e.2024.1.19187
María de Lourdes Velasco Domínguez
Over the last two decades, some feminist organizations in Mexico have applied principles of transnational women’s rights through the use of concepts such as femicide (feminicidio) and also promoted both the pretrial preventive detention for these crimes, and the implementation of “gender-based violence alerts” by the Mexican federal government. The article aims to understand how these federal policies have influenced the legal consciousness and practices of prosecutors in the state of Nuevo León, Mexico, from 2009 to 2021. I argue that feminist discourses have been inspired by federal-level policies based on penal populism and, although they have encouraged prosecutors to defend the rights of femicide victims, they have also promoted violations of defendants’ and victims’ rights. A qualitative methodology based on documental analysis and interviews with prosecutors, defense attorneys, and human rights defenders has been applied. The article compares narratives and practices of femicide prosecutors during two historical periods and claims that feminist discourses have helped to raise consciousness of women’s rights for prosecutors but have also helped to justify some probable violations of human rights.
{"title":"influence of feminist mobilization on legal consciousness and the practices of femicide prosecutors in Mexico at the subnational level","authors":"María de Lourdes Velasco Domínguez","doi":"10.22201/iij.24485306e.2024.1.19187","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.1.19187","url":null,"abstract":"Over the last two decades, some feminist organizations in Mexico have applied principles of transnational women’s rights through the use of concepts such as femicide (feminicidio) and also promoted both the pretrial preventive detention for these crimes, and the implementation of “gender-based violence alerts” by the Mexican federal government. The article aims to understand how these federal policies have influenced the legal consciousness and practices of prosecutors in the state of Nuevo León, Mexico, from 2009 to 2021. I argue that feminist discourses have been inspired by federal-level policies based on penal populism and, although they have encouraged prosecutors to defend the rights of femicide victims, they have also promoted violations of defendants’ and victims’ rights. A qualitative methodology based on documental analysis and interviews with prosecutors, defense attorneys, and human rights defenders has been applied. The article compares narratives and practices of femicide prosecutors during two historical periods and claims that feminist discourses have helped to raise consciousness of women’s rights for prosecutors but have also helped to justify some probable violations of human rights.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141838300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-07-02DOI: 10.22201/iij.24485306e.2024.1.19228
Juan Emmanuel Delva Benavides, Jorge Antonio Leos Navarro, Guillermo Martínez Cons
In recent years, Mexico has made significant advances in its legislation related to digital platforms, especially regarding their tax obligations. In this regard, this text seeks to delve into the Mexican tax system in order to understand its direct relationship with e-commerce, as it not only currently represents 5% of GDP but also experienced an almost doubling in just one year. It will explore how various laws regulate the actions of different digital platforms and how they seek to prevent international companies from making profits without paying taxes. Specifically, the 2021 tax reform and its relationship, application, and implications with digital platforms will be analyzed in detail. The analysis is based on the premise that said reform is a success of the Legislative Power. However, the need to adapt laws as Mexican society continues to adopt technology and carry out transactions in the digital market is also discussed.
{"title":"review of the legal tax framework for digital platforms in Mexico","authors":"Juan Emmanuel Delva Benavides, Jorge Antonio Leos Navarro, Guillermo Martínez Cons","doi":"10.22201/iij.24485306e.2024.1.19228","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.1.19228","url":null,"abstract":"In recent years, Mexico has made significant advances in its legislation related to digital platforms, especially regarding their tax obligations. In this regard, this text seeks to delve into the Mexican tax system in order to understand its direct relationship with e-commerce, as it not only currently represents 5% of GDP but also experienced an almost doubling in just one year. It will explore how various laws regulate the actions of different digital platforms and how they seek to prevent international companies from making profits without paying taxes. Specifically, the 2021 tax reform and its relationship, application, and implications with digital platforms will be analyzed in detail. The analysis is based on the premise that said reform is a success of the Legislative Power. However, the need to adapt laws as Mexican society continues to adopt technology and carry out transactions in the digital market is also discussed.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141838184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-07-02DOI: 10.22201/iij.24485306e.2024.1.19188
Felipe Carlos Betancourt Higareda, Jorge Olvera García, Hiram Raúl Piña Libien, Alejandra Flores Martínez
Mexico is experiencing a level of violence and crime that threatens human rights and prevents the attainment of human security and human development. Effective law enforcement should not only be approached as a worthy ideal, or something only desirable or convenient, but as a human right, since it is focused on achieving the greatest protection of the most fundamental rights of the people: life, freedom, integrity, property, among others. This article develops this argument by examining legal doctrines on the subject and proposes the centrality of effective law enforcement to strengthen not only the rule of law, but individual security as well as other types of security. It thus highlights the importance of a better state handling of law enforcement in order to achieve peace, order, and prosperity in Mexico. Finally, this article also provides a description of the various means of challenge and appeal which are available in Mexico by which the human right to effective law enforcement may be obtained in order to achieve a minimum threshold of public security that could effectively guarantee human security and freedom.
{"title":"Effective law enforcement and human security in Mexico","authors":"Felipe Carlos Betancourt Higareda, Jorge Olvera García, Hiram Raúl Piña Libien, Alejandra Flores Martínez","doi":"10.22201/iij.24485306e.2024.1.19188","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.1.19188","url":null,"abstract":"Mexico is experiencing a level of violence and crime that threatens human rights and prevents the attainment of human security and human development. Effective law enforcement should not only be approached as a worthy ideal, or something only desirable or convenient, but as a human right, since it is focused on achieving the greatest protection of the most fundamental rights of the people: life, freedom, integrity, property, among others. This article develops this argument by examining legal doctrines on the subject and proposes the centrality of effective law enforcement to strengthen not only the rule of law, but individual security as well as other types of security. It thus highlights the importance of a better state handling of law enforcement in order to achieve peace, order, and prosperity in Mexico. Finally, this article also provides a description of the various means of challenge and appeal which are available in Mexico by which the human right to effective law enforcement may be obtained in order to achieve a minimum threshold of public security that could effectively guarantee human security and freedom.\u0000 \u0000 ","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141838405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-07-02DOI: 10.22201/iij.24485306e.2024.1.19159
Bruno Anaya Ortiz
This article charts how Mexican authorities have interpreted and implemented indigenous peoples’ constitutional right to self-determination since it was first adopted in a 1992 constitutional reform. “Self determination” can mean many things, and the constitution gives stakeholders ample discretion to define and negotiate the content of this right. Most state legislatures initially passed “indigenous culture laws” starting in the late 1990s. The state of Oaxaca also amended its electoral procedure code to allow municipalities with a majority of indigenous residents to elect the members of their local governments through community assemblies (instead of the “political party system”). In the last five years, courts have further expanded electoral protections for indigenous communities by mandating that federal and state electoral Institutes implement quotas reserved for indigenous candidates in legislative elections. The application of indigenous self-determination has thus gone from being handled by state legislatures to being the province of federal electoral courts. The prevailing interpretation of self-determination has shifted from self-determination as self-government to it being understood as special legislative representation.
{"title":"Mexican State’s interpretation of indigenous self-determination in the age of democracy (1992-2022)","authors":"Bruno Anaya Ortiz","doi":"10.22201/iij.24485306e.2024.1.19159","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.1.19159","url":null,"abstract":"This article charts how Mexican authorities have interpreted and implemented indigenous peoples’ constitutional right to self-determination since it was first adopted in a 1992 constitutional reform. “Self determination” can mean many things, and the constitution gives stakeholders ample discretion to define and negotiate the content of this right. Most state legislatures initially passed “indigenous culture laws” starting in the late 1990s. The state of Oaxaca also amended its electoral procedure code to allow municipalities with a majority of indigenous residents to elect the members of their local governments through community assemblies (instead of the “political party system”). In the last five years, courts have further expanded electoral protections for indigenous communities by mandating that federal and state electoral Institutes implement quotas reserved for indigenous candidates in legislative elections. The application of indigenous self-determination has thus gone from being handled by state legislatures to being the province of federal electoral courts. The prevailing interpretation of self-determination has shifted from self-determination as self-government to it being understood as special legislative representation.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141838256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Mexican Comprehensive Criminal Justice System for Adolescents (Sistema Integral de Justicia Penal para Adolescentes) is in urgent need of validated tools to help diminish the likelihood of pretrial failure, (that is, when juveniles interfere in one way or another with the course of the criminal process before the trial stage). To this end, this article aims to evaluate the measurement properties of relevant instruments to guide and support pretrial risk assessment in Mexican juvenile offenders. Firstly, a systematic review was conducted in PubMed, metasearch engines (DGB-UNAM and Google Scholar), and databases using the COnsensus-based Standards for the selection of health Measurement Instruments (COSMIN) guidelines. As it was found that no validated pretrial risks assessment instruments had been published earlier in Mexico, we present a proposal based on a preliminary selection of five instruments suitable for pretrial risks assessment taking both analysis and theory into account. Since this is the first systematic review in the field, results provide evidence for developing pretrial risk tools to aid decision-making in the juvenile offenders sector in Mexico.
墨西哥青少年综合刑事司法系统（Sistema Integral de Justicia Penal para Adolescentes）迫切需要经过验证的工具来帮助减少审前失败的可能性（即青少年在审判阶段之前以某种方式干扰刑事诉讼过程）。为此，本文旨在评估相关工具的测量属性，以指导和支持对墨西哥少年犯进行审前风险评估。首先，在 PubMed、元搜索引擎（DGB-UNAM 和 Google Scholar）和数据库中使用基于共识的健康测量工具选择标准（COSMIN）指南进行了系统性审查。由于发现墨西哥早先没有发表过经过验证的审前风险评估工具，因此我们在考虑分析和理论的基础上，初步选择了五种适合审前风险评估的工具，并提出了一项建议。由于这是该领域的首次系统性审查，审查结果为开发审前风险工具提供了证据，以帮助墨西哥少年犯部门做出决策。
{"title":"Towards an evidence-based pretrial risk assessment in Mexican juvenile offenders: A systematic review of relevant instruments using COSMIN guidelines","authors":"Monroy Vite, Fresán Orellana, López Olvera, Martínez López","doi":"10.22201/iij.24485306e.2024.1.19199","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.1.19199","url":null,"abstract":"The Mexican Comprehensive Criminal Justice System for Adolescents (Sistema Integral de Justicia Penal para Adolescentes) is in urgent need of validated tools to help diminish the likelihood of pretrial failure, (that is, when juveniles interfere in one way or another with the course of the criminal process before the trial stage). To this end, this article aims to evaluate the measurement properties of relevant instruments to guide and support pretrial risk assessment in Mexican juvenile offenders. Firstly, a systematic review was conducted in PubMed, metasearch engines (DGB-UNAM and Google Scholar), and databases using the COnsensus-based Standards for the selection of health Measurement Instruments (COSMIN) guidelines. As it was found that no validated pretrial risks assessment instruments had been published earlier in Mexico, we present a proposal based on a preliminary selection of five instruments suitable for pretrial risks assessment taking both analysis and theory into account. Since this is the first systematic review in the field, results provide evidence for developing pretrial risk tools to aid decision-making in the juvenile offenders sector in Mexico.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141838160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-07-02DOI: 10.22201/iij.24485306e.2024.1.19185
Irina I. Matvienko, V. Myakshin
This note examines Russia’s current environmental taxation system by comparing it to that of Mexico. In recent years, the process of ‘greening’ Russia’s taxation system has made good progress but it still has a long way to go before it achieves the level of developed countries, the latter operating a whole set of dedicated taxes designed to stimulate sustainable economic growth and generate wealth with zero environmental impact. Russia’s efforts towards a modernized environmental taxation have unfolded by optimizing the existing taxes, fees and non-tax payments, establishing the pollution quotas, and regulating greenhouse gas emissions. In this study, we explore the feasibility of applying Mexican environmental taxation practices in Russia.
{"title":"characteristics of Russian and Mexican environmental taxation systems","authors":"Irina I. Matvienko, V. Myakshin","doi":"10.22201/iij.24485306e.2024.1.19185","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.1.19185","url":null,"abstract":"This note examines Russia’s current environmental taxation system by comparing it to that of Mexico. In recent years, the process of ‘greening’ Russia’s taxation system has made good progress but it still has a long way to go before it achieves the level of developed countries, the latter operating a whole set of dedicated taxes designed to stimulate sustainable economic growth and generate wealth with zero environmental impact. Russia’s efforts towards a modernized environmental taxation have unfolded by optimizing the existing taxes, fees and non-tax payments, establishing the pollution quotas, and regulating greenhouse gas emissions. In this study, we explore the feasibility of applying Mexican environmental taxation practices in Russia.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141838342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-07DOI: 10.22201/iij.24485306e.2024.2.18892
Naeem Allah Rakha
A lack of standards and regulations for handling digital evidence is impeding its admissibility in court proceedings. This article addresses the challenges of digital forensics in criminal investigations due to the rise of cybercrime. The literature existing studies on digital forensics, legal frameworks, and cybercrime is reviewed in order to find possible solutions. The results demonstrate the importance of collaboration between the legal and technological sectors in developing standardized norms and processes for digital evidence collection and processing. The findings also highlight the importance of digital forensics in criminal investigations and the need for a robust legal framework to combat cybercrime effectively. This note emphasizes the vital significance of digital forensics in criminal investigations and the need to develop standardized rules and procedures for the management of digital evidence. The recommendations presented in this article may assist policymakers and law enforcement authorities in designing legal framework capable of effectively confronting cybercrime.
{"title":"Cybercrime and the Law: Addressing the Challenges of Digital Forensics in Criminal Investigations","authors":"Naeem Allah Rakha","doi":"10.22201/iij.24485306e.2024.2.18892","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.2.18892","url":null,"abstract":"A lack of standards and regulations for handling digital evidence is impeding its admissibility in court proceedings. This article addresses the challenges of digital forensics in criminal investigations due to the rise of cybercrime. The literature existing studies on digital forensics, legal frameworks, and cybercrime is reviewed in order to find possible solutions. The results demonstrate the importance of collaboration between the legal and technological sectors in developing standardized norms and processes for digital evidence collection and processing. The findings also highlight the importance of digital forensics in criminal investigations and the need for a robust legal framework to combat cybercrime effectively. This note emphasizes the vital significance of digital forensics in criminal investigations and the need to develop standardized rules and procedures for the management of digital evidence. The recommendations presented in this article may assist policymakers and law enforcement authorities in designing legal framework capable of effectively confronting cybercrime.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139856719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-07DOI: 10.22201/iij.24485306e.2024.2.18894
Carlos Andrés Pérez-Garzón
Colombia’s Constitutional Assembly enacted a constitution in 1991 whose text and application are regarded around the world as among the best examples of socioeconomic constitutionalism in the last three decades. Despite rising interest in the structural causes of economic inequality at both global and domestic levels, Colombian constitutional scholarship has not yet offered an account of the role of the original constitutional design in addressing economic inequality. In this article, I show that the drafters of the Constitution of 1991 were deeply concerned with economic inequality and considered the problem from several angles. However, they did not agree on a structural plan with coherent tools to address it and prevent forces in the executive and legislative branches from undermining that purpose. Therefore, the Colombian constitution-making process has been overestimated because, after thirty years, the Assembly’s economic egalitarian aspirations are far from being achieved, and Colombia is still among the most unequal countries on earth. Thus, the Colombian constitution-making experience provides a warning about how unclear and weak agreements in constitutional design can become an additional obstacle to overcoming economic inequality.
{"title":"Addressing Economic Inequality in Constitutional Design: the Colombian Drafting Experience in 1991","authors":"Carlos Andrés Pérez-Garzón","doi":"10.22201/iij.24485306e.2024.2.18894","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.2.18894","url":null,"abstract":"Colombia’s Constitutional Assembly enacted a constitution in 1991 whose text and application are regarded around the world as among the best examples of socioeconomic constitutionalism in the last three decades. Despite rising interest in the structural causes of economic inequality at both global and domestic levels, Colombian constitutional scholarship has not yet offered an account of the role of the original constitutional design in addressing economic inequality. In this article, I show that the drafters of the Constitution of 1991 were deeply concerned with economic inequality and considered the problem from several angles. However, they did not agree on a structural plan with coherent tools to address it and prevent forces in the executive and legislative branches from undermining that purpose. Therefore, the Colombian constitution-making process has been overestimated because, after thirty years, the Assembly’s economic egalitarian aspirations are far from being achieved, and Colombia is still among the most unequal countries on earth. Thus, the Colombian constitution-making experience provides a warning about how unclear and weak agreements in constitutional design can become an additional obstacle to overcoming economic inequality.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139796885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-07DOI: 10.22201/iij.24485306e.2024.2.18891
Pedro Rubén Torres Estrada
For years, combating money laundering has been a priority for the Mexican State. Frontal attack strategies have been used against criminal groups but have not yielded the expected effectiveness, as violence continues to escalate. This work begins with an assessment of the legal punishments applied to cases of money laundering in Mexico. Subsequently, it presents the fundamental rights that might be compromised in the process of collecting evidence and explores the use of the proportionality test as a parameter and method to ask judges to accept only admissible evidence to thus avoid issues of unconstitutionality. Finally, some evidence that can be employed to substantiate money laundering offenses and secure convictions are outlined. Furthermore, recommendations for public policy are made to address and enhance the efforts of stakeholders engaged in combating this crime, since to date, effectiveness in obtaining convictions has been remarkably low.
{"title":"The Constitutionality of the Proportionality Test to Prove Money Laundering","authors":"Pedro Rubén Torres Estrada","doi":"10.22201/iij.24485306e.2024.2.18891","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.2.18891","url":null,"abstract":"For years, combating money laundering has been a priority for the Mexican State. Frontal attack strategies have been used against criminal groups but have not yielded the expected effectiveness, as violence continues to escalate. This work begins with an assessment of the legal punishments applied to cases of money laundering in Mexico. Subsequently, it presents the fundamental rights that might be compromised in the process of collecting evidence and explores the use of the proportionality test as a parameter and method to ask judges to accept only admissible evidence to thus avoid issues of unconstitutionality. Finally, some evidence that can be employed to substantiate money laundering offenses and secure convictions are outlined. Furthermore, recommendations for public policy are made to address and enhance the efforts of stakeholders engaged in combating this crime, since to date, effectiveness in obtaining convictions has been remarkably low.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139796456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-07DOI: 10.22201/iij.24485306e.2024.2.18894
Carlos Andrés Pérez-Garzón
Colombia’s Constitutional Assembly enacted a constitution in 1991 whose text and application are regarded around the world as among the best examples of socioeconomic constitutionalism in the last three decades. Despite rising interest in the structural causes of economic inequality at both global and domestic levels, Colombian constitutional scholarship has not yet offered an account of the role of the original constitutional design in addressing economic inequality. In this article, I show that the drafters of the Constitution of 1991 were deeply concerned with economic inequality and considered the problem from several angles. However, they did not agree on a structural plan with coherent tools to address it and prevent forces in the executive and legislative branches from undermining that purpose. Therefore, the Colombian constitution-making process has been overestimated because, after thirty years, the Assembly’s economic egalitarian aspirations are far from being achieved, and Colombia is still among the most unequal countries on earth. Thus, the Colombian constitution-making experience provides a warning about how unclear and weak agreements in constitutional design can become an additional obstacle to overcoming economic inequality.
{"title":"Addressing Economic Inequality in Constitutional Design: the Colombian Drafting Experience in 1991","authors":"Carlos Andrés Pérez-Garzón","doi":"10.22201/iij.24485306e.2024.2.18894","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.2.18894","url":null,"abstract":"Colombia’s Constitutional Assembly enacted a constitution in 1991 whose text and application are regarded around the world as among the best examples of socioeconomic constitutionalism in the last three decades. Despite rising interest in the structural causes of economic inequality at both global and domestic levels, Colombian constitutional scholarship has not yet offered an account of the role of the original constitutional design in addressing economic inequality. In this article, I show that the drafters of the Constitution of 1991 were deeply concerned with economic inequality and considered the problem from several angles. However, they did not agree on a structural plan with coherent tools to address it and prevent forces in the executive and legislative branches from undermining that purpose. Therefore, the Colombian constitution-making process has been overestimated because, after thirty years, the Assembly’s economic egalitarian aspirations are far from being achieved, and Colombia is still among the most unequal countries on earth. Thus, the Colombian constitution-making experience provides a warning about how unclear and weak agreements in constitutional design can become an additional obstacle to overcoming economic inequality.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139856922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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