Mexico's Supreme Court
Between Liberal Individual and Revolutionary Social Rights, 1867-1934
Publication Year: 2013
Although Mexico’s Constitution of 1917 mandated the division of large landholdings, provided land for the landless, and guaranteed workers the rights to organize, strike, and bargain collectively, it also guaranteed fundamental liberal rights to property and due process that enabled property owners and employers to resist the implementation of the new social rights by filing suit in federal court. Taking as its main focus the way new and old rights were adjudicated before the Supreme Court, this book is the first to examine the subject through the lens of court documents and the writings and commentaries of jurists and other legal professionals. The author asks and answers the question, how did the judicial interpretation of the Constitution of 1917 become a barrier to implementing agrarian land rights and labor legislation in the years immediately following Mexico’s social revolution of 1910?
Published by: University of New Mexico Press
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This book, a history of constitutional rights and their judicial interpre-tation by Mexico’s Supreme Court from the Restored Republic to the Maximato, could not have been written without access to the Supreme Court’s historical archive. I am indebted to Jorge Flores for providing this access and to his staf_f for locating hard to find materials and providing me with a space to work. I was also aided by the librarians and archivists of four ...
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Mexico is not a country well known for its tradition of constitutional jurisprudence, and the Porfiriato, in particular, is considered a period when constitutional-rights protections on the books were systematically ig-nored in practice. Nonetheless, it was during the last third of the nineteenth century that a system of constitutional procedures protecting liberal individ-ual rights—known in Spanish as amparo—was firmly established for the first ...
1: The Judicial Protection of Constitutional Rights during the Porfiriato
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When the historians of the future study carefully our epoch and calmly and philosophically judge the complex causes of our interior peace and our grow-ing material progress, they will take into account, without doubt, the energy with which the administration has squashed with an iron fist the first hints of rebellion: but they will also have to take into account that if the pacifica-...
2: From the Plan of San Luis Potosi to the Constitution of 1917
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...[I]t was necessary to make the social revolution within the governmental mechanism and not to occupy the land or the house or support the worker, the campesino or the employee by the force of arms, but by that more per-[T]he Mexican Revolution will have the legitimate pride of demonstrating to the world that it is the first to incorporate into a constitution the sacred rights ...
3: Liberal Jurisprudence and Article 123
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...[A]rticle 123 has been scandalously violated; in ef_fect it is not in force, we all know it; it is the Supreme Court of Justice, to a significant degree, who is at As a matter of public law, the Revolution came to an end on May 1, 1917. The new president, former first chief of the Revolution Venustiano Carranza, was sworn into of_f_ice on this date (national elections had taken place in March) and the new constitution, promulgated in February, went ...
4: The Third Revolutionary Court and Legal Obstacles to the Implementation of Article 27
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The Court, by a brilliant jurisprudence, has juridically consecrated the rights conquered by the Revolution in favor of the workers; but it has not been able to do the same for the campesinos, for diverse reasons of resistance to the implementation of the most transcendental social program of the Revolution, In an address prepared for the Academy of Legislation and Jurisprudence and read on January 13, 1931, Luis Cabrera estimated that, “prior to 1928, ...
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When historians have sought to assess the important legal changes brought about by the Mexican Revolution they have generally looked to the various Revolutionary plans, to the debates of the Constituent Congress of 1916–1917, and of course, to a comparison of the two constitutional texts, 1857 with that of 1917. Occasionally such accounts have stretched all the way back to include colonial antecedents, but even these have remained bound to ...
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Page Count: 168
Publication Year: 2013