Any federal legislative enactment may be found in the Diario Oficial with the date of their respective publication. Accordingly, in Mexico it is customary to give the title of each legislative enactment followed by the date of its publication in the D.O. At the end of each legislative enactment, both at the federal and state level, in the section titled: ArtÃculos Transitorios (Transitory Articles or transient provisions), the reader will find the specific date of the entering into force of the enactment in question.
As described above, most of the business and commercial activities conducted by foreign investors and foreign companies in Mexico are governed by federal statutes and corresponding regulations. It should be added now that the monitoring and enforcement of these statutes and regulations corresponds exclusively to the Federal Executive Power through its federal agencies (SecretarÃas de Estado or Secretariats of State), and administrative departments.
These federal agencies and departments constitute Mexico’s centralized public administration, whose jurisdiction, administrative powers, duties and responsibilities are enunciated in the Federal Public Administration Act (D.O. of December 29, 1976, as amended). Mexico’s presidential cabinet is formed of eighteen Secretariats (federal departments or agencies), and the Office of the Legal Counsel to the Federal Executive.23
The complete and current text in Spanish of Mexico’s Federal Constitution is available on this web site: Legislación Federal de México: www.cddhcu.gob.mx/leyinfo
Mexico’s current Federal Constitution resulted from the popular and violent revolution initiated in 1910, which led to the emergence of contemporary Mexico. From a substantive viewpoint, the fundamental law of Mexico was inspired by the content and structure of the U.S. Constitution.
This influence is eminently clear in two parts of Mexico’s fundamental law: first, in the initial part, which enunciates the constitutional rights, as the Individual Guarantees or GarantÃas individuales. Second, in the organic part establishing a form of government divided into three major branches: the Executive (Ejecutivo, Articles 80-93), the Legislative (Legislativo, Arts. 50-70, Fed. Const.), and the Judicial (Judicial, Arts. 94-107, Fed. Const.) which closely parallels the U.S. political system.
However, the format and length of Mexico’s Constitution emulates the European models (in particular those of Spain and France). Its text is composed of 136 Articles (or sections) divided into two major parts: (1) the dogmatic part formed by the express enunciation of the constitutional rights that limit the power of the State vis à vis individuals or groups (Arts. 1-29, Fed. Const.); and (2) the organic part which refers to the structure of the public powers and their respective jurisdictions (Arts. 49-107 and 108-114, Fed. Const.).
Unlike the U.S. Constitution, the fundamental law of Mexico may be characterized as programmatic and aspirational. It is programmatic because the body of the Constitution has been traditionally used as a political platform by the President to in turn publicize his personal presidential program and to reflect the public policies he is politically bound to implement during his six-year term. It is also aspirational because a number of its provisions do not reflect Mexico’s current reality. Rather, these provisions advance certain objectives or goals that the Mexican people, with their unity, industry and collective effort, aspire to accomplish or materialize in the near future.
The Federal Constitution occupies the apex of Mexico’s legal pyramid. It has been amended some 450 times since it was enacted eighty five years ago (D.O. of February 5, 1917). In recent years, the idea that Mexico should have a more modern and new Constitution has attracted special attention in political, legal, academic and business circles.
From a legal perspective – independently of its political and historic importance—the Constitution of Mexico may be of practical interest to foreign investors, foreign companies and foreign legal practitioners for two reasons: first, many constitutional provisions directly affect the presence of U.S. nationals in that country and the conduct of business and commercial operations by U.S. and other foreign companies within the territory of the Republic of Mexico.
For example: Article 1 provides – unlike the United States – that in Mexico the constitutional rights are enjoyed “by any individual,” whether a Mexican national or a foreigner. Articles 14 and 16 guarantee due process in judicial proceedings and the right of any person not to be unduly molested in his/her family, home, documents or possessions, except by judicial order of a competent authority. When these constitutional rights are violated, Articles 103 and 107 of the Federal Constitution guarantee the right to be protected via “Amparo.” Article 73 enumerates the exclusive powers of Congress to impose taxes and legislate in a number of federal areas, all of them affecting the commercial activities of foreign investors in that country. Article 33 prescribes that federal agents have the exclusive power “to make abandon the national territory, immediately and without any trial, any foreigner whose presence is deemed inconvenient.”
The second reason is that numerous provisions of Mexico’s Constitution have served as the legal basis for enacting more detailed federal legislation on a particular subject. These are known as “Leyes Reglamentarias.” This is the case, for example, of Article 27, which establishes the legal regimes applicable to public and private property, and to the utilization of mineral and natural resources, in particular oil. Article 123, which generated the Federal Labor Act and governs all labor relationships in Mexico, including collective contracts, unions, workers’ compensation, labor courts, and labor procedure.
Originally enacted in 1928 as the local code for the Federal District on ordinary matters and for the entire Republic of Mexico on federal matters (D.O. of March 26, 1928), a special Federal Civil Code was recently enacted by the Federal Congress (D.O. of May 29, 2000), as amended.
Mexico is a federal, democratic and representative republic, composed of thirty-one free and sovereign states in matters regarding their internal order but united in a federation established pursuant to the principles set forth by the Constitution (Art. 40, Fed. Const.). The national sovereignty rests with the people who exercise said sovereignty through the Powers of the Union in cases within their jurisdiction, and through those of the states in matters that relate to their internal affairs, under the terms established by the Federal Constitution, and those of the State, respectively (Art. 41, Fed. Const.).
Prior to 2000, the federal government exercised for decades an almost omnipotent power, to the detriment of the autonomy of the States and their municipal governments. During President Vicente Fox’s administration (2000-2006), an effort to enhance the true notion of federalism seems to be underway in an attempt to bring back a less asymmetrical relationship between the federal government and the states.
Mexico’s federal constitutions of 1824 and 1857 were clearly inspired by the U.S. Constitution. In turn, the federalist notions present in these two leading constitutional documents influenced the debates and the content of Mexico’s current Constitution of 1917.
www.presidencia.gob.mx is the electronic portal in Spanish of the Presidency of the Republic. By clicking on the picture of the world, information in English and French is made available.
In Mexico the Executive Power is in the hands of the President of the Republic. The President is freely elected for a six-year, no re-election period, by the direct vote of Mexican citizens who have attained 18 years of age and have an honest way of living (Arts. 34-35, Fed. Const.). The presidential elections are organized and controlled by the Federal Electoral Institute, and controversial electoral issues are decided by an Federal Electoral Tribunal of the Federal Judicial Power, established in 1990.
The powers and obligations of the President of Mexico – as expressly enunciated in Article 89 of the Federal Constitution—closely parallel those of his counterpart in the United States.
Mexican Contract LawWhen the respective Presidency of these two countries are compared, these may be the most salient differences between them: (1) the Mexican President, to run as a candidate for that position, must be a Mexican citizen by birth, “the son” [sic] of Mexican parents, and must have resided in Mexico “at least during twenty years,” including the year immediately preceding the presidential election (Art. 82, paras. I and III, Fed. Const.); (2) the Mexican President occupies that high office for a six-year term (starting on December 1 of the election year) and cannot be re-elected (Art. 83, Fed. Const.); (3) in the conduct of Mexico’s foreign affairs, the Mexican President shall observe these “normative principles”: (a) the self-determination of peoples; (b) the proscription of the use of threats or force in international relations; (c) the legal equality of nation-states; (d) international cooperation for development; and (e) the struggle for peace and international security (Art. 89, para. X, Fed. Const.); and (4) the Mexican President, in filling up a vacancy for a Supreme Court justice (Ministro de la Suprema Corte de Justicia de la Nación), must submit to the Senate the names of three candidates for the Senate to choose one among them (Art. 89, para. XVIII, Fed. Const.).
After the long period of seventy-one years during which the candidates of the Revolutionary Institutional Party (Partido Revolucionario Institucional or PRI) exercised an absolute monopoly over presidential elections, this undemocratic situation changed in 2000 when Vicente Fox Quesada, the candidate of the opposition party Partido Acción Nacional (National Action Party or PAN), defeated the PRI candidate and became the President of Mexico. This unprecedented change in Mexico’s political regime is still producing both predictable and unanticipated consequences in Mexico’s political, legal, and socio-economic arenas.
In sum, the presidential victory of PAN in 2000, as it is now reflected in the administration of President Vicente Fox, is profoundly transforming not only the traditional powers and the role of the Executive Power in Mexico but, more importantly, is changing the country itself. For political and legal observers it is clear that the so-called “Meta-Constitutional Powers” enjoyed by the President of the Republic during the PRI era, are now being seriously questioned and subjected to what may be described as a cautious but methodical diminution to make them fit within the explicit parameters prescribed by the Federal Constitution. In other words, the political and legal contours of the President of Mexico are in the process of being transformed and re-defined.
This power is vested upon a General Congress, divided into two Chambers, one of Deputies (Diputados) and the other of Senators (Senadores) (Art. 50, Fed. Const.). At the opening of Congress, on September 1st of each year, the President of Mexico submits a written report describing the general state of the country’s public administration (Art. 69, Fed. Const.) analogous to the U.S. State of the Union Address.
The General Congress has annual ordinary and extraordinary sessions (Art. 65, Fed. Const.). There are two periods of ordinary sessions: the first runs from September 1st to December 15th; and the second from March 15th to up to April 30th (Art. 66, Fed. Const.). Extraordinary sessions take place when convoked by the Permanent Commission (Comisión Permanente) to discuss a specific matter (Art. 67, Fed. Const.).
The Chamber of Deputies is composed of 500 representatives of the country elected in their entirety every three years. Of this total, 300 are elected under the principle of relative majority vote (Principio de votación mayoritaria relativa) through the system of individual electoral districts (Distritos electorales uninominales), and 200 under the principle of proportional representation (Principio de representación proporcional) through the system of regional electoral lists (Listas regionales votadas en circunscripciones plurinominales) (Arts. 51-52, Fed. Const.). The election of these 200 deputies is subject to special electoral rules (Art. 54, Fed. Const.). The last election of Congress took place on July 4, 2003. A deputy cannot be re-elected for the immediately succeeding term.
The Senate is composed of 128 senators (Art.56, Fed. Const.) elected for a six-year term renewed in its entirety every election. Thus, there are four senators for each state (thirty-one) and for the Federal District (one). Out of this total of 128, two are elected for each state and the Federal District by relative majority vote; a third one goes to the largest political minority; and a fourth one is given based on the principle of proportional representation (Art. 56, Fed. Const.) A senator cannot be re-elected for the immediately succeeding term.
The Senate is composed of 128 senators (Art.56, Fed. Const.) elected for a six-year term renewed in its entirety every election. Thus, there are four senators for each state (thirty-one) and for the Federal District (one). Out of this total of 128, two are elected for each state and the Federal District by relative majority vote; a third one goes to the largest political minority; and a fourth one is given based on the principle of proportional representation (Art. 56, Fed. Const.) A senator cannot be re-elected for the immediately succeeding term.
Any resolution passed by Congress acquires the category of a law or decree (Art. 70, Fed. Const.). Under Mexican Constitutional Law, (1) the President of the Republic, (2) federal deputies and senators, and (3) the State legislatures, have the right to submit legislative bills to Congress (Art. 71, Fed. Const.). Both the Chamber of Deputies and the Senate have exclusive powers to legislate in certain areas.
This web site can also be accessed through: www.precisa.gob.mx by searching for: “Suprema Corte de Justicia” or “Suprema Corte.”
Pursuant to the Federal Constitution, the exercise of the Judicial Power of the Federation is vested in four entities: (1) a Supreme Court of Justice; (2) an Electoral Tribunal; (3) Collegiate and Unitarian Circuit Courts; and (4) the District Courts (Art.94, Fed. Const.). Save for the Supreme Court, the administration, monitoring and disciplining of Judicial Power is conducted by the Council of the Federal Judiciary (Consejo de la Judicatura Federal), as regulated by the Federal Organic Act of the Judicial Power (Ley Orgánica del Poder Judicial de la Federación, D.O. of May 26, 1995).
The Supreme Court is composed of eleven Justices (known in Mexico as Ministros or ministers) and functions in plenary (En banc) or in Chambers (Salas), which is composed of five Justices (Art. 94). Every four years, the Justices elect a Chief Justice among themselves, who cannot be reelected for the immediately succeeding period. Justices are nominated by the President of the Republic in a list submitted to the Senate that contains the names of three candidates; the Senate, after hearing the candidates, makes a final selection (Art.96, Fed. Const.). Justices are appointed for fifteen years and may be removed only for serious cause.
The Federal Constitution (Art. 105, Fed. Const.) and the Organic Act of the Judicial Power enumerate, in detail, questions relative to the composition, functioning, obligations, powers and jurisdiction of the Supreme Court, the Circuit Collegiate Courts and the District Courts, including their budget and other administrative matters. In general, the Supreme Court and the federal courts serve as appellate courts to lower federal and state courts.
The Supreme Court of Mexico and the Circuit Collegiate Courts, as indicated earlier, are responsible for rendering especially crafted decisions—known as Jurisprudencias—which constitute the sole instance under Mexican law whereby judicial decisions become legally binding to lower courts and authorities, in something akin to the stare decisis principle.
In addition, federal courts exercise exclusive jurisdiction over Amparo proceedings, resolving controversies arising out of: (1) laws or federal authority acts that infringe upon constitutional rights (GarantÃas individuales); (2) laws or federal authority acts that violate or restrict the states’ sovereignty or the Federal District’s jurisdiction; and (3) laws or acts of authorities of the states or the Federal District that invade the jurisdiction of federal authorities (Arts. 103 and 107, Fed. Const.).
Accordingly, Amparo is a sui generis federal suit filed by an individual (whether a Mexican national or a foreigner) in a federal court against a Mexican authority (federal, state or municipal) for the alleged violation of any of the constitutional rights (GarantÃas individuales) expressly enumerated by the Federal Constitution (Title I). The filing of this kind of an Amparo suit would be expected, for example, when a Mexican is detained by the police and subjected to long interrogatories without a valid cause; when a Mexican is tortured by military personnel; when a U.S. tourist is expelled by agents of Mexico’s National Immigration Institute (similar to the former INS in the United States); when a U.S. attorney is denied a permit to render professional legal services in Mexico; when a U.S. religious cult is denied a permit from Gobernación to open a temple and offer religious services in that country, etc.
The filing of Amparo results in the immediate cessation (injunction) of the violation of the constitutional right(s) invoked by the Quejoso (aggrieved party), as ordered by the federal court (Suspensión del acto reclamado); the mandate by the same court ordering the authority in question to render a detailed report substantiating the case and its involvement (Informe Justificado); and an investigation by a Federal Prosecutor (Agente del Ministerio Público Federal) to determine whether any criminal offenses (federal or state) were committed, including the responsibility of the public servants involved in the case, etc.