Otero’s grave? Nature, functioning and problematics of the general declaration of unconstitutionality in Mexico

Authors

  • Mauro Arturo Rivera León‍ Universidad de Silesia

DOI:

https://doi.org/10.18042/cepc/aijc.26.03

Abstract

Mexican Amparo has been characterized by inter partes effects. That is, through Amparo it is possible to analyze the constitutionality of a statute but the ruling benefits only the applicant. The Mexican Constitution was modified in 2011 to introduce a procedure called «General Declaration of Unconstitutionality». The abovementioned procedure allowed the so-called «jurisprudencia» or binding Amparo criteria to serve as a starting point to issue an erga omnes invalidation of a statute. The procedure was modified in 2021 considering the introduction of a new system of precedents. This article analyzes its regulation and problematics.

Published

2022-06-14