Jurisprudence evolution of the Electoral Court of the Judicial Power of the Federation 1991-‍2019

From the control of legality to the control of constitutionality and conventionality

Abstract

Both the Supreme Court of Justice of the Nation through actions of unconstitutionality in electoral matters, such as the Electoral Court of the Judicial Power of the Federation through the Superior Chamber and its regional Chambers when hearing the means of challenging their competence, generate jurisprudence in electoral matters; the effects of its resolutions when declaring unconstitutionality or unconventionality are of inapplicability to the specific case (inter partes), while unconstitutionality actions may have general effects (erga omnes). However, through its jurisprudence (general linkage) and the use of atypical (interpretative) judgments, it has constructed a series of precedents that exert an undoubted influence on the development, protection, promotion and guarantee of political-electoral rights beyond the This is particularly true, especially since its legality control parameter has evolved to a regularity constitutionality parameter (block of constitutionality), as is evident from its jurisprudential production.