Kara Sears
Mexico's legal system is based on civil law, with the country's constitution at the apex of its legal hierarchy. The civil law tradition, developed by legal scholars, is derived mainly from Roman law and is embodied in the civil code. In contrast to the United States' common law system, which relies on case law and statutory law, Mexican law is statutorily based, with cases decided by interpreting the law. While Mexican law does have a concept of jurisprudencia, it is not the same as case law and is only established when the Supreme Court and federal collegiate courts issue five consistent decisions on a point of law.
Explore related products
What You'll Learn
Mexico's legal system is based on civil law
The hierarchy of sources of law in the civil law tradition to which Mexico's legal system belongs are "constitution, legislation, regulation, and custom". The constitution will override all legislation, legislation will override all regulation, and regulation will override all customs. The Mexican Constitution is based on seven basic principles: a declaration of human rights, national sovereignty, division of powers, the representative system, a federal structure, constitutional remedy, and the supremacy of the state over the Church. The Federal Constitution is the source and origin of all Mexican law.
The civil law system in Mexico is statutorily based, meaning that cases are decided individually by looking at the law. Mexican case law does not have precedential value, and there is "jurisprudencia", which is only established when the Supreme Court and the federal collegiate courts issue five consecutive and consistent decisions on a point of law. When the law is unclear, judges look to legal treatises called "doctrina" written by legal scholars. The Supreme Court is composed of 11 Justices and 1 Chief Justice and meets in four panels: criminal, civil, administrative, and labor.
The court system in Mexico distinguishes between courts of "ordinary jurisdiction" (civil, commercial, and criminal jurisdiction) and administrative courts or courts of "special jurisdiction". Federal courts have jurisdiction over controversies that arise out of laws or acts of state or federal authorities that violate individual guarantees, and one of the most important types of cases the federal courts hear in Mexico are "amparo" suits (juicio de amparo).
Law Enforcement and Private Prisons: Ethical Conflict?
You may want to see also
Explore related products
The hierarchy of sources of law
Mexico's legal system is based on civil law, and the Federal Constitution is the most important political document in the country. It is the source and origin of all Mexican law. The hierarchy of sources of law in Mexico can be summarised as follows:
Constitution
The Constitution of Mexico is the fundamental law of the country. It is at the apex of the hierarchy and overrides all other sources of law. The Constitution establishes the organisation and division of the powers of the federal government, which is divided into executive, legislative, and judicial branches. Each of Mexico's 31 states and Mexico City has its own constitution, known as a state or local constitution.
Legislation
Federal legislation in Mexico is codified in five major codes: the civil code, the commercial code, the criminal code, the civil procedures code, and the criminal procedures code. These codes are derived from the Constitution and form the second level of the hierarchy of sources of law.
Regulations
The President of Mexico creates regulations to interpret, clarify, and supplement the language of legislative enactments. Regulations are the third level in the hierarchy and are overridden by legislation.
Custom
Mexican law recognises custom, which includes the rules, principles, and norms formed through time. Custom is the fourth level in the hierarchy and is overridden by the other sources of law.
Treaties, Statutes, Doctrine, and General Principles of Law
Alternatively, the hierarchy of sources of law in Mexico can be viewed as including additional levels, such as treaties, statutes, doctrine (legal treatises produced by legal scholars), and general principles of law. These sources of law are not explicitly defined by legislation but are cited by legal scholars and play an important role in the civil law tradition.
Juror's Dilemma: Stupid Law, Smart Verdict?
You may want to see also
Explore related products
![Civil Procedure: A Coursebook [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/61PWuJLqh+L._AC_UY218_.jpg)
Jurisprudencia and doctrina
Mexico's legal system is based on civil law, with the Constitution of Mexico as the fundamental law. The hierarchy of sources of law in Mexico's civil law tradition is as follows: constitution, legislation, regulation, and custom. The constitution takes precedence over legislation, which takes precedence over regulation, and regulation takes precedence over customs.
In the Mexican legal system, "jurisprudencia" refers to case law established by the Supreme Court and federal collegiate courts issuing five consecutive and consistent decisions on a point of law. "Jurisprudencia" is binding on the court that established it and all lower federal and state courts. It is published in the Federal Judicial Weekly (Semanario Judicial de la Federación) through its gazette.
"Doctrina", on the other hand, refers to the legal treatises written by legal scholars. These scholarly contributions do not carry the force of law and are not legally binding. However, they are used as a reference by judges, lawyers, and law students in the civil law tradition, similar to how case law is used in the common law tradition. Doctrinal treatises are organized by code and articles chronologically, making them easily accessible for legal research.
Knife Laws: Federal Regulations and Your Rights
You may want to see also
Explore related products
Amparo suits
Mexico's legal system is based on civil law, with the Constitution of Mexico as the fundamental law. The civil law tradition was developed by legal scholars, who produce legal treatises referred to as "doctrine" ("doctrina" in Mexico).
One of the most important types of cases that federal courts hear in Mexico are "amparo" suits ("juicio de amparo"). Amparo is an extraordinary constitutional appeal, which may be filed in federal court by Mexicans and foreigners. It is often referred to as a "constitutional protection lawsuit", governed by Articles 103 and 107 of the Federal Constitution. The amparo proceedings may be used for several purposes:
- As a defence of the individual guarantees provided in the Constitution
- Against unconstitutional laws
- To review the legality of judicial decisions
- Against arbitrary detention (amparo habeas corpus)
- Against laws (amparo contra leyes)
- For the judicial review of the constitutionality and legality of a judicial decision (amparo-casación)
- For the judicial review of administrative actions (amparo administrativo)
- For the protection of peasants' rights derived from the agrarian reform process (amparo agrario ejidal o comunal)
There are two types of amparo: direct amparo (amparo directo or amparo uniinstancial) and indirect amparo (amparo indirecto or amparo biinstancial). The authority responsible for direct amparo suits is the Collegiate Circuit Court, and in exceptional cases, the Supreme Court of Justice. In indirect amparo suits, the Collegiate Circuit Court and the Supreme Court of Justice can intervene in proceedings presented before a lower court.
License Lookup: Can Police Help?
You may want to see also
Explore related products
Differences between Mexican and US law
The Mexican legal system is based on civil law, specifically the Napoleon Code System. This means that cases are decided individually by looking at the law. The hierarchy of sources of law in Mexico can be viewed as the Constitution, legislation, regulations, and custom, or alternatively, the Constitution, treaties, statutes, codes, doctrine, custom, and general principles of law. The Constitution is the fundamental law and is based on seven basic principles: a declaration of human rights; national sovereignty; division of powers; the representative system; a federal structure; constitutional remedy; and the supremacy of the state over the Church.
In contrast, the US legal system has a common law system. Unlike in Mexico, case law in the US has precedential value, and judges view themselves as creators of law, rather than just appliers. While the Mexican Constitution is the source and origin of all Mexican law, the US Constitution is not the only source of law, and state laws can vary widely. For example, gun ownership laws differ between states, with some being more lenient than others. The Second Amendment of the US Constitution protects the right to bear arms, and many states have Stand Your Ground and Castle Doctrine laws, which allow individuals to defend themselves with a firearm if threatened. In Mexico, there are no such protections, and using a firearm in self-defense, even if it is legally owned, can lead to prosecution.
Another difference between the two legal systems is the role of the executive branch. While both the executive and legislative branches in Mexico are empowered to initiate legislation, in practice, the executive branch initiates almost all legislation. In the US, however, the executive branch does not have the same level of power, and the legislative branch plays a more significant role in creating laws.
The structure of the judicial system also differs between the two countries. While both countries have a Supreme Court, Mexico's Supreme Court is composed of 11 Justices and 1 Chief Justice, while the US Supreme Court has 9 Justices. Additionally, Mexico has 32 circuit tribunals and 98 district courts, each with one judge, while the US has federal and state courts at the lower levels.
Common-Law Marriage in New Mexico: What's the Law?
You may want to see also
Frequently asked questions
No, Mexico is a civil law country.
Common law systems, such as that of the US, are based on case law and statutory law. In contrast, civil law systems, such as that of Mexico, are statutorily based, meaning cases are decided by looking at the law.
The Federal Constitution is the source and origin of all Mexican law. The hierarchy of sources of law in Mexico's civil law tradition is "constitution, legislation, regulation, and custom".
The Supreme Court of Mexico is composed of 11 Justices and 1 Chief Justice. It meets in plenary session for cases involving jurisdictional, constitutional, and agrarian issues. It also divides and meets in panels: criminal, civil, administrative, and labor.
