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Law of Mexico

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Title: Law of Mexico  
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Subject: Politics of Mexico, Federal government of Mexico, Law in North America, State governments of Mexico, Administrative divisions of Mexico
Collection: Mexican Law
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Law of Mexico

The law of Mexico is based upon the Constitution of Mexico and follows the civil law tradition.[1]

Contents

  • Sources 1
    • Federal Constitution 1.1
    • Legislation 1.2
    • Regulations 1.3
    • Case law 1.4
    • Doctrine 1.5
    • Custom 1.6
    • General principles of law 1.7
    • State constitutions and law 1.8
  • Jurisprudence 2
  • Public law 3
  • Private law 4
  • See also 5
    • Topics 5.1
    • Other 5.2
  • References 6
  • External links 7
    • Sources 7.1

Sources

The hierarchy of sources of law can be viewed as the Constitution, legislation, regulations, and then custom.[2] Alternatively, the hierarchy can be viewed as the Constitution, treaties, statutes, codes, doctrine, custom, and then general principles of law.[1]

Federal Constitution

The Constitution of Mexico is the fundamental law (ley fundamental).[1]

Legislation

The

  • Orden Jurídico Nacional, containing all laws, treaties, regulations, decrees, and notices of federal, state, municipal, and borough governments, from the Secretariat of the Interior (Spanish)
  • Federal laws in force from the Chamber of Deputies (Spanish)
  • Federal regulations in force from the Chamber of Deputies (Spanish)
  • Federal regulatory rules from the Chamber of Deputies (Spanish)
  • Official Journal of the Federation from the Secretariat of the Interior (Spanish)
  • Federal Judicial Weekly and Gazette from the Supreme Court (Spanish)
  • State law web links from the Chamber of Deputies (Spanish)

Sources

External links

  1. ^ a b c d e f g h i j k l m n o LLRX 2008.
  2. ^ a b c d e Avalos 2013, p. 12.
  3. ^ Serna de la Garza 2009, pp. 141-144.
  4. ^ Avalos 2013, p. 16.
  5. ^ a b c
  6. ^ a b Avalos 2013, p. 13.
  7. ^
  8. ^ Merryman 2007, p. 91.
  9. ^ Avalos 2013, p. 2.
  10. ^ Merryman 2007, p. 92.

References

Other

Topics

See also

Mexico's major codes regarding private law are the Federal Civil Code (the civil code), Federal Commercial Code (the commercial code), and the Federal Civil Procedure Code (the code of civil procedure).[1][2]

Private law

Mexico's major codes regarding public law are the Federal Criminal Code (the criminal code) and the Federal Criminal Procedure Code (the code of criminal procedure).[1][2]

Public law

The civil law tradition (as developed by the legal scholars, i.e. doctrine) tends to treat the divisions of law in normative terms.[8] There are two major areas of law: private law, concerning the relationships between individuals, and public law, concerning the relationships between individuals and the government.[9][10] The civil code is the most important embodiment of law, based on Roman law. Other topics include those related to philosophy of law, including the major schools of thought and the major disagreements; objective law and subjective rights; substantive law and procedural law; statutory law and customary law; federal law, state law and municipal law; and national law, international law and community law.

Jurisprudence

Each of Mexico's 31 states and the Federal District has it own constitution, known as a state or local constitution (Constitución del Estado or Constitutución local).[1] Each state's or the Federal District's laws and regulations are published in their respective Official State Gazettes (Gaceta Oficial del Estado).[1] At the state and local level, publication of complete binding court opinions (versus tesis) is extremely limited or simply nonexistent.[5]

State constitutions and law

"General principles of law", expressly cited by Article 14 of the Constitution, have not been expressly defined by legislation, but legal maxims such as equity, good faith, pacta sunt servanda, the right of self-defense, and suum cuique tend to be cited by legal scholars.[1]

General principles of law

Mexican law recognizes custom, the rules, principles, and norms formed through a gradual but uniform passage of time, but only when this recognition is based upon an explicit provision of the applicable law allowing for such recognition.[1]

Custom

The civil law tradition was developed by, and as such the "authorities" were and continue to be, legal scholars and not judges and lawyers as in the common law tradition.[6][7] The legal treatises produced by these scholars are called doctrine (doctrina), and are used much in the same way case law is used in the common law tradition.[6] However, these scholarly contributions do not carry the force of law and are not legally binding.[1]

Doctrine

The Semanario is broken down into series of nine Épocas.[2] The first four Épocas (1871–1910) are called jurisprudencia histórica and are not binding; the jurisprudencia applicable starting with the fifth Época (1918–1957) are binding.[2] The most recent is the tenth Época (October 2011–).

Such decisions are published in the Federal Judicial Weekly (Semanario Judicial de la Federación) through its gazette (Gaceta del Semanario Judicial de la Federación).[1] Complete decisions are rarely published in the Semanario, though it is not unheard of if the Supreme Court, a collegiate circuit court, or the General Coordinator of Compilation and Systematization of Theses (Coordinación General de Compilación y Sistematización de Tesis) deems they should be published; instead, it mainly includes tesis de jurisprudencia or tesis aisladas.[5] Moreover, theses that have acquired the character of binding criteria (tesis de jurisprudencia) are published every year in an appendix to the Semanario.[5]

Mexico utilizes a form of jurisprudence constante. The decisions of the Supreme Court are binding on lower courts as jurisprudencias only upon five consecutive and uninterrupted decisions (ejecutorias) approved by at least eight justices when in plenary sessions (en banc) or by at least four justices when in chambers.[1] The decisions of the Collegiate Circuit Courts are jurisprudencias provided they are based upon five consecutive and uninterrupted decisions approved by unanimity of votes of the magistrates who compose each collegiate court.[1] Decisions are distilled into theses (tesis), of which the tesis jurisprudencial are binding (jurisprudencia obligatoria), the tesis aisladas are not binding, and the tesis sobresalientes are theses of note which are not binding but have persuasive value.[3][4]

Case law

The President of Mexico creates regulations (reglamentos) for the purpose of interpreting, clarifying, expanding or supplementing the language of legislative enactments.[1] They are published in the Official Journal of the Federation (Diario Oficial de la Federación, DOF).

Regulations

, DOF). Diario Oficial de la Federación (Official Journal of the Federation They are published in the [1]).leyes ordinarias

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