Pub Date : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14808
A. Becerril
We are facing a digital age characterized by constant flows of goods and services, financial assets, people, information and communication. As a consequence, the world economy is increasingly connected, and digitalization has spread to such an extent that today’s world economy is a digital one, which has come to break down commercial barriers that the traditional economy and politics were unable to. Security and trade policy concerns are nothing new. However, given the electronic nature of commercial transactions (e-commerce), this has taken on a new and urgent importance. Cyberspace is a space of flows, a virtual space that grows every day with the transactions that take place through the use of ICT. Governments of many countries have begun to develop cybersecurity strategies, while trying to promote the benefits of a hyperconnected and cyber-enabled world. This article analyzes how e-commerce policies promote the protection of cyberspace. Specifically regarding e-commerce, care must be taken so that the cybersecurity strategy does not become an obstacle or constraint to such electronic transactions. The protection of cyberspace must be carried out with a multi-stakeholder approach. These issues are also of public interest since threats to cyberspace can affect entire countries and societies.
{"title":"Cybersecurity and E-commerce in Free Trade Agreements","authors":"A. Becerril","doi":"10.22201/IIJ.24485306E.2020.1.14808","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14808","url":null,"abstract":"We are facing a digital age characterized by constant flows of goods and services, financial assets, people, information and communication. As a consequence, the world economy is increasingly connected, and digitalization has spread to such an extent that today’s world economy is a digital one, which has come to break down commercial barriers that the traditional economy and politics were unable to. Security and trade policy concerns are nothing new. However, given the electronic nature of commercial transactions (e-commerce), this has taken on a new and urgent importance. Cyberspace is a space of flows, a virtual space that grows every day with the transactions that take place through the use of ICT. Governments of many countries have begun to develop cybersecurity strategies, while trying to promote the benefits of a hyperconnected and cyber-enabled world. This article analyzes how e-commerce policies promote the protection of cyberspace. Specifically regarding e-commerce, care must be taken so that the cybersecurity strategy does not become an obstacle or constraint to such electronic transactions. The protection of cyberspace must be carried out with a multi-stakeholder approach. These issues are also of public interest since threats to cyberspace can affect entire countries and societies.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44383001","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 : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14814
Jesús Manuel Orozco Pulido
This note critically examines the way the Mexican Constitution has changed since it was originally written, due to a large number of amend¬ments. Through 239 decrees of constitutional reforms, which represent 732 modifications to constitutional articles, the current constitutional text is not the same document that arose from the Mexican Revolution. This vertiginous chan¬ge is analyzed from the perspective of theoretical and practical notions of legis¬lative drafting in common law countries. A huge number of reforms demons¬trates a constitution’s volatility, and the way reforms are written has a direct impact on whether or not it is observed. In fact, a proper process of redaction in legislative drafting can provide ideas for improving the quality of legislation. Reforming the constitution, as has been done by Mexican constituent powers, can overload the fundamental text with specific rules, rather than principles. An excessive use of words, an arbitrary use of subdivisions and an excessive num¬ber of transitory norms are common elements of constitutional amendments. Some specific traits of those amendments are analyzed in order to propose ways to improve the efficacy of the constitution through a better legislative drafting process for reforms. All of this in order to reach a better level of comprehension of the normative purpose of amendments by their final recipients: citizens and institutions.
{"title":"Drafting a Constitution Is Not Drafting a Statute: An Analysis of the Mexican Constitution and Hyper-Amending Pathologies from the Legislative Drafting Perspective","authors":"Jesús Manuel Orozco Pulido","doi":"10.22201/IIJ.24485306E.2020.1.14814","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14814","url":null,"abstract":"This note critically examines the way the Mexican Constitution has changed since it was originally written, due to a large number of amend¬ments. Through 239 decrees of constitutional reforms, which represent 732 modifications to constitutional articles, the current constitutional text is not the same document that arose from the Mexican Revolution. This vertiginous chan¬ge is analyzed from the perspective of theoretical and practical notions of legis¬lative drafting in common law countries. A huge number of reforms demons¬trates a constitution’s volatility, and the way reforms are written has a direct impact on whether or not it is observed. In fact, a proper process of redaction in legislative drafting can provide ideas for improving the quality of legislation. Reforming the constitution, as has been done by Mexican constituent powers, can overload the fundamental text with specific rules, rather than principles. An excessive use of words, an arbitrary use of subdivisions and an excessive num¬ber of transitory norms are common elements of constitutional amendments. Some specific traits of those amendments are analyzed in order to propose ways to improve the efficacy of the constitution through a better legislative drafting process for reforms. All of this in order to reach a better level of comprehension of the normative purpose of amendments by their final recipients: citizens and institutions.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46056512","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 : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14809
Felipe Carlos Betancourt Higareda, Enrique Uribe Arzate
In the period of 2009-2014, organized crime subjected all kinds of political authorities and benefited from impunity throughout Mexico, especially in Michoacán and Guerrero. This circumstance provoked a grave constitutional crisis since these authorities were meaningfully overridden and were not able to properly enforce the rule of law in these regions. These phenomena brought about the rise of self-defense groups from local civil societies, as a desperate measure to protect their most fundamental rights from ruthless crime. However, this uprising deepened the constitutional crisis, already experienced in these regions due to the calamitous activities of criminal organisations, because it implied the complete absence of the Mexican state to restore legal order. The present article argues that a formal declaration of emergency by the Mexican President, with the official approval of the Mexican Congress, would have solved efficiently the constitutional crisis that Michoacán, Guerrero and other regions were going through in this period, and would have competently discouraged the expectations of the local people to relay on vigilantes as their last resort to guarantee their fundamental rights in the face of organized crime. This argument is based on archive research, testimonies of people uploaded in video documentaries, the Mexican Constitution, the International Human Rights Law, the doctrine of constitutional dictatorship of Clinton Rossiter, and the legal doctrine on balance and deliberation of Robert Alexy.
{"title":"The State of Emergency as an Instrument to Overcome Organized Crime and Vigilantes: A Comparative Study of Michoacán and Guerrero","authors":"Felipe Carlos Betancourt Higareda, Enrique Uribe Arzate","doi":"10.22201/IIJ.24485306E.2020.1.14809","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14809","url":null,"abstract":"In the period of 2009-2014, organized crime subjected all kinds of political authorities and benefited from impunity throughout Mexico, especially in Michoacán and Guerrero. This circumstance provoked a grave constitutional crisis since these authorities were meaningfully overridden and were not able to properly enforce the rule of law in these regions. These phenomena brought about the rise of self-defense groups from local civil societies, as a desperate measure to protect their most fundamental rights from ruthless crime. However, this uprising deepened the constitutional crisis, already experienced in these regions due to the calamitous activities of criminal organisations, because it implied the complete absence of the Mexican state to restore legal order. The present article argues that a formal declaration of emergency by the Mexican President, with the official approval of the Mexican Congress, would have solved efficiently the constitutional crisis that Michoacán, Guerrero and other regions were going through in this period, and would have competently discouraged the expectations of the local people to relay on vigilantes as their last resort to guarantee their fundamental rights in the face of organized crime. This argument is based on archive research, testimonies of people uploaded in video documentaries, the Mexican Constitution, the International Human Rights Law, the doctrine of constitutional dictatorship of Clinton Rossiter, and the legal doctrine on balance and deliberation of Robert Alexy.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45391740","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 : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14812
R. González
When creating laws, legislators bear in mind the subjects whose activities are to be regulated. This mental picture will affect the regulation of both, the subjects and their activities. Different perceived characteristics can be regulated in various ways. While the laws that regulated commerce in Mexico before 1889 were based on the concept of an honest merchant, the Commercial Code enacted by then President Díaz had a different archetypal merchant. Since 1889, commercial laws in Mexico have been enacted based on the idea of an untrustworthy merchant, someone who needs to be regulated and controlled, which has created a regulatory system riddled with unnecessary costs. Through the study of cases decided shortly after the enactment of the 1889 Code, the change in the perception of merchants and commerce becomes apparent. These cases show the strict application of rules in lieu of commercial customs and practices, and the idea of protecting those who are not merchants in their dealings from those who are. However, these ideas should be eliminated from commercial laws. The laws that regulated commerce in Mexico before the 1889 Code offer an excellent starting point for the reform of commercial laws. Laws that assume that merchants are honest and capable of regulating their own affairs will advance commerce in Mexico, which would in turn allow the country to become an innovator (as opposed to a follower) in commercial matters.
{"title":"The Archetypal Merchant in the 1889 Mexican Commercial Code","authors":"R. González","doi":"10.22201/IIJ.24485306E.2020.1.14812","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14812","url":null,"abstract":"When creating laws, legislators bear in mind the subjects whose activities are to be regulated. This mental picture will affect the regulation of both, the subjects and their activities. Different perceived characteristics can be regulated in various ways. While the laws that regulated commerce in Mexico before 1889 were based on the concept of an honest merchant, the Commercial Code enacted by then President Díaz had a different archetypal merchant. Since 1889, commercial laws in Mexico have been enacted based on the idea of an untrustworthy merchant, someone who needs to be regulated and controlled, which has created a regulatory system riddled with unnecessary costs. Through the study of cases decided shortly after the enactment of the 1889 Code, the change in the perception of merchants and commerce becomes apparent. These cases show the strict application of rules in lieu of commercial customs and practices, and the idea of protecting those who are not merchants in their dealings from those who are. However, these ideas should be eliminated from commercial laws. The laws that regulated commerce in Mexico before the 1889 Code offer an excellent starting point for the reform of commercial laws. Laws that assume that merchants are honest and capable of regulating their own affairs will advance commerce in Mexico, which would in turn allow the country to become an innovator (as opposed to a follower) in commercial matters.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47730915","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 : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14813
Jorge Gabriel Arévalo García
Anthropogenic climate change has and will have unavoidable adverse effects despite mitigation and adaptation policies. Therefore, the financial burden of the costs of loss and damage must be distributed fairly and proportionally. This implies that those responsible for climate change must take responsibility and compensate those who suffer losses and, if possible, repair the damages related to this phenomenon. However, climate justice has been limited by the lack of a causal link between a specific climate change effect and specific damages or losses. Accordingly, this article discusses the compensation and reparation of losses and damages related to the adverse effects of climate change, as a stream applicable after mitigation and adaptation policies. In addition, this article reviews the implications of the relevant findings that established the existence and development of climate change as a problem that affects the enjoyment of human rights, to argue how the theory of human rights can contribute to the current legal model for reparation and compensation for losses and damages associated with climate change. Also, due to the impossibility of obtaining a legally binding agreement as a structure for integration, and to adequately address the problem of causes, consequences, benefits and burdens, vulnerable groups ought to be the most affected.
{"title":"Challenges of Compensation and Reparation for Loss and Damage Related to the Adverse Effects of Climate Change","authors":"Jorge Gabriel Arévalo García","doi":"10.22201/IIJ.24485306E.2020.1.14813","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14813","url":null,"abstract":"Anthropogenic climate change has and will have unavoidable adverse effects despite mitigation and adaptation policies. Therefore, the financial burden of the costs of loss and damage must be distributed fairly and proportionally. This implies that those responsible for climate change must take responsibility and compensate those who suffer losses and, if possible, repair the damages related to this phenomenon. However, climate justice has been limited by the lack of a causal link between a specific climate change effect and specific damages or losses. Accordingly, this article discusses the compensation and reparation of losses and damages related to the adverse effects of climate change, as a stream applicable after mitigation and adaptation policies. In addition, this article reviews the implications of the relevant findings that established the existence and development of climate change as a problem that affects the enjoyment of human rights, to argue how the theory of human rights can contribute to the current legal model for reparation and compensation for losses and damages associated with climate change. Also, due to the impossibility of obtaining a legally binding agreement as a structure for integration, and to adequately address the problem of causes, consequences, benefits and burdens, vulnerable groups ought to be the most affected.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48682187","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 current international patent system emerged within certain economic, political and social conditions in specific territories and periods. It has its historical roots in the Statute of Venice (1474), the Statute of Monopolies (1624), the United States Patent Law (1790), the French Patent Law (1791) and the Paris Convention (1883). Over time, these laws shaped a new model, which currently prevails. To strengthen the analysis of this article, the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), as well as free trade twentieth century agreements are integrated into the discussion. It is worth noting that each amendment stressed the economic relevance of the patent and its use to benefit certain economic elites through the creation of monopolies. Consequently, the debate on the purposes and nature of the international patent system has also been constant from its emergence to the present. This article provides basic elements for reflection about the origin, purposes and scope of national patent models implemented in Latin America within the global trend of scientific-technological innovation for development.
{"title":"Review of the International Patent System: From the Venice Statute to Free Trade Agreements","authors":"Claudia Angélica Córdova González, Mónica Guadalupe Chávez Elorza","doi":"10.22201/IIJ.24485306E.2020.1.14810","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14810","url":null,"abstract":"The current international patent system emerged within certain economic, political and social conditions in specific territories and periods. It has its historical roots in the Statute of Venice (1474), the Statute of Monopolies (1624), the United States Patent Law (1790), the French Patent Law (1791) and the Paris Convention (1883). Over time, these laws shaped a new model, which currently prevails. To strengthen the analysis of this article, the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), as well as free trade twentieth century agreements are integrated into the discussion. It is worth noting that each amendment stressed the economic relevance of the patent and its use to benefit certain economic elites through the creation of monopolies. Consequently, the debate on the purposes and nature of the international patent system has also been constant from its emergence to the present. This article provides basic elements for reflection about the origin, purposes and scope of national patent models implemented in Latin America within the global trend of scientific-technological innovation for development.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47719088","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 : 2019-12-04DOI: 10.22201/IIJ.24485306E.2020.2.14174
Liliana López Arellano, Georgina Sánchez Ramírez, H. Cárdenas
The objective of this article is to show the legal situation of professional midwives in Mexico with respect to their work. The implications of the human rights framework as established in Article 1 of the Mexican Constitution are explored as a basis to regulate professional midwifery. Using comparative analysis methodology, the contents of different regulatory frame works for sexual and reproductive health in Mexico are studied, including those backed by international treaties and agreements. The results show that Mexican legislation includes midwifery to a certain extent, but fails to define concepts like the professionalization of midwifery, when midwives can work other than in hospitals, and they can be officially trained. Additionally, there is no legal recognition of this profession in educational and work standards. In conclusion, this research shows that there are enough international documents (agreements, conferences and recommendations) to serve as a frame of reference for redrafting Mexican standards, regulations and public policies on birth care provided by professional midwives. This would guarantee the safety of mothers who use midwifery services and give suitable professional training (with the respective creation of schools for this purpose) to the midwives who provide these services. Midwives would then be able to practice legally and help to improve maternal and reproductive health outcomes in the country.
{"title":"Professional Midwives and their Regulatory Framework in Mexico","authors":"Liliana López Arellano, Georgina Sánchez Ramírez, H. Cárdenas","doi":"10.22201/IIJ.24485306E.2020.2.14174","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.2.14174","url":null,"abstract":"The objective of this article is to show the legal situation of professional midwives in Mexico with respect to their work. The implications of the human rights framework as established in Article 1 of the Mexican Constitution are explored as a basis to regulate professional midwifery. Using comparative analysis methodology, the contents of different regulatory frame works for sexual and reproductive health in Mexico are studied, including those backed by international treaties and agreements. The results show that Mexican legislation includes midwifery to a certain extent, but fails to define concepts like the professionalization of midwifery, when midwives can work other than in hospitals, and they can be officially trained. Additionally, there is no legal recognition of this profession in educational and work standards. In conclusion, this research shows that there are enough international documents (agreements, conferences and recommendations) to serve as a frame of reference for redrafting Mexican standards, regulations and public policies on birth care provided by professional midwives. This would guarantee the safety of mothers who use midwifery services and give suitable professional training (with the respective creation of schools for this purpose) to the midwives who provide these services. Midwives would then be able to practice legally and help to improve maternal and reproductive health outcomes in the country.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48406303","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 : 2019-12-04DOI: 10.22201/IIJ.24485306E.2020.2.14172
Oswaldo Ruiz Chiriboga
This article is based on an extensive literature review and the findings obtained after three trips to Ecuador, during which interviews and informal conversations were held with members of Indigenous communities, communal leaders, national judges, prosecutors, academics and practitioners. It uses the concepts of “forum shopping” and “shopping forums,” showing how these phenomena are present in both types of legal systems in Ecuador: Indigenous legal systems and the ordinary legal system. The examples provided by respondents or studied within existing legal doctrine are shared first, followed by a discussion of the opportunities and challenges the choice of forums and disputants may experience in terms of access to justice. The article also examines the ne bis in idem principle, which has been implemented to control or reduce forum shopping and shopping forums. According to this principle an individual who has faced trial in one system should not be prosecuted again in the other system. If well controlled and carefully analysed on a casebycase basis, forum shopping and shopping forum could be beneficial to individuals and communities, fostering access to justice and the protection of human rights, without disrespecting the autonomy of communities. Conversely, if poorly controlled or badly regulated, forum shopping and shopping forum could irreparably affect justice, harm individual rights or create impunity, leaving victims or the less powerful members of communities unprotected.
{"title":"Choosing the Most Favorable Venue: Forum Shopping, Shopping Forums, and Legal Pluralism in Ecuador","authors":"Oswaldo Ruiz Chiriboga","doi":"10.22201/IIJ.24485306E.2020.2.14172","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.2.14172","url":null,"abstract":"This article is based on an extensive literature review and the findings obtained after three trips to Ecuador, during which interviews and informal conversations were held with members of Indigenous communities, communal leaders, national judges, prosecutors, academics and practitioners. It uses the concepts of “forum shopping” and “shopping forums,” showing how these phenomena are present in both types of legal systems in Ecuador: Indigenous legal systems and the ordinary legal system. The examples provided by respondents or studied within existing legal doctrine are shared first, followed by a discussion of the opportunities and challenges the choice of forums and disputants may experience in terms of access to justice. The article also examines the ne bis in idem principle, which has been implemented to control or reduce forum shopping and shopping forums. According to this principle an individual who has faced trial in one system should not be prosecuted again in the other system. If well controlled and carefully analysed on a casebycase basis, forum shopping and shopping forum could be beneficial to individuals and communities, fostering access to justice and the protection of human rights, without disrespecting the autonomy of communities. Conversely, if poorly controlled or badly regulated, forum shopping and shopping forum could irreparably affect justice, harm individual rights or create impunity, leaving victims or the less powerful members of communities unprotected.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47399920","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 : 2019-12-04DOI: 10.22201/IIJ.24485306E.2020.2.14171
Roberto Niembro O.
In 2018 Mexicans chose the most profound political change since the transition to democracy, leaving behind what in another work I have called authoritarian constitutionalism. The alternation has meant a change of regime in which a social transformation is announced. The transformation can take different paths and must be accompanied by ideas that inspire it. In this frame of mind, popular constitutionalism can be a useful theory in order for the transformation to take a democratic, participative and egalitarian direction, since it fosters political participation and democratic equality. It is time to forego the elitist theories of constitutional law and the minimalist understandings of democracy.
{"title":"Mexico 2018: An Opportunity for Popular Constitutionalism","authors":"Roberto Niembro O.","doi":"10.22201/IIJ.24485306E.2020.2.14171","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.2.14171","url":null,"abstract":"In 2018 Mexicans chose the most profound political change since the transition to democracy, leaving behind what in another work I have called authoritarian constitutionalism. The alternation has meant a change of regime in which a social transformation is announced. The transformation can take different paths and must be accompanied by ideas that inspire it. In this frame of mind, popular constitutionalism can be a useful theory in order for the transformation to take a democratic, participative and egalitarian direction, since it fosters political participation and democratic equality. It is time to forego the elitist theories of constitutional law and the minimalist understandings of democracy.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45612479","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 : 2019-12-04DOI: 10.22201/IIJ.24485306E.2020.2.14175
Elisa Cruz Rueda
This article performs a comparative analysis of the constitutional bases of the Mexican and U.S. legal systems, and how they are expressed in two case studies. Both case studies deal with human rights as expressed through a community’s relationship to territory. However, the communities in question are differentiated by their status as legal subjects. The U.S. case examines a community primarily comprised of European-American descendants; the Mexican case considers an indigenous community. Nevertheless, in both cases State involvement occurs that favors the interests of energy companies, rather than the expressed interests of the communities. The Mexican case documents an attempt to apply energy reform measures, without taking into account the rights of indigenous communities. The U.S. case shows how legal constructs have evolved to structurally favor corporate interests at the expense of human rights. These examples are used to demonstrate how democratic ideals, ostensibly protected by Mexican and U.S. constitutional systems, remain unfulfilled. While the case studies discuss how the law and the State relate to the governed, particularities exist due to the practices and procedures of the distinct governing bodies involved, and because the governed peoples - a community of European-American descent and an indigenous community in Mexico - are different legal subjects before the law. These are areas for future comparative analysis and beyond the scope of this article.
{"title":"Mexico and the United States in a Comparative Situational Approach","authors":"Elisa Cruz Rueda","doi":"10.22201/IIJ.24485306E.2020.2.14175","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.2.14175","url":null,"abstract":"This article performs a comparative analysis of the constitutional bases of the Mexican and U.S. legal systems, and how they are expressed in two case studies. Both case studies deal with human rights as expressed through a community’s relationship to territory. However, the communities in question are differentiated by their status as legal subjects. The U.S. case examines a community primarily comprised of European-American descendants; the Mexican case considers an indigenous community. Nevertheless, in both cases State involvement occurs that favors the interests of energy companies, rather than the expressed interests of the communities. The Mexican case documents an attempt to apply energy reform measures, without taking into account the rights of indigenous communities. The U.S. case shows how legal constructs have evolved to structurally favor corporate interests at the expense of human rights. These examples are used to demonstrate how democratic ideals, ostensibly protected by Mexican and U.S. constitutional systems, remain unfulfilled. While the case studies discuss how the law and the State relate to the governed, particularities exist due to the practices and procedures of the distinct governing bodies involved, and because the governed peoples - a community of European-American descent and an indigenous community in Mexico - are different legal subjects before the law. These are areas for future comparative analysis and beyond the scope of this article.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46941542","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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