Gavin Howe
The law of Mexico is based on its Constitution, which was established in 1917 and outlines seven basic principles, including a declaration of human rights, national sovereignty, and division of powers. The Constitution is the fundamental law, and all other laws are created by Congress in the form of regulatory laws, organic acts, and ordinary laws. These laws are published in the Official Journal of the Federation (Diario Oficial de la Federación, DOF). The President of Mexico also creates regulations to interpret and clarify the laws. Mexico's legal system follows the civil law tradition, which includes the recognition of custom and gradual changes over time. The civil law tradition divides law into two major areas: private law, concerning relationships between individuals, and public law, concerning relationships between individuals and the government.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law tradition |
| Basis of law | Constitution of Mexico |
| Constitution | Calls for a "federal, democratic, representative Republic composed of free and sovereign States." |
| Constitution | 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 |
| Hierarchy of sources of law | Constitution, legislation, regulation, custom |
| Federal government | Divided into executive, legislative, and judicial branches |
| Legislative branch | Drafts, discusses, and approves laws |
| Congress | Creates regulatory laws, organic acts, and ordinary laws |
| President | Creates regulations for interpreting and clarifying laws |
| Jurisprudence | The Supreme Court and federal collegiate courts may establish formally binding precedent called "jurisprudencia" |
| State constitutions | Each of Mexico's 31 states and Mexico City has its own constitution |
| State laws and regulations | Published in their respective Official State Gazettes (Gaceta Oficial del Estado) |
| Major codes | Federal Criminal Code, National Criminal Procedure Code, Fiscal Code, Federal Labor Law |
| Financial laws | Credit Institutions Law, Bank Savings Protection Law, Financial Services User Protection and Defense Law, Fintech Law, AML Law |
| Democratic gains | Electoral integrity, judicial and prosecutorial independence and accountability, freedom of expression |
| Rule of Law Index | WJP Mexico States Rule of Law Index 2023-24 |
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What You'll Learn
The role of the Mexican Congress
The Mexican Congress plays a crucial role in the creation of laws in Mexico. It is the legislative branch of the Mexican government and is responsible for drafting, discussing, and approving all laws in the country. This process involves several steps and considerations to ensure the laws align with the Mexican Constitution and the country's legal framework.
The Mexican Congress creates legislation in the form of regulatory laws (leyes reglamentarias) and organic acts (leyes orgánicas). Regulatory laws are designed to implement the Mexican Constitution by translating its principles into specific rules and regulations. On the other hand, organic acts pertain to the organisation, powers, and functions of governmental agencies, ensuring they operate within the boundaries set by the Constitution.
Congress also plays a role in enacting ordinary laws (leyes ordinarias), which address various aspects of societal life in Mexico. These laws can range from social issues to economic matters, and they are designed to uphold the rights and responsibilities outlined in the Constitution. The legislative branch is tasked with ensuring that these ordinary laws are practical and enforceable.
In addition to creating laws, the Mexican Congress is responsible for overseeing the implementation and enforcement of the legislation it passes. This includes establishing oversight mechanisms and holding relevant government agencies accountable for their execution of the law. Congress also has the power to amend or repeal existing laws if they are found to be outdated, ineffective, or in conflict with the Constitution.
The legislative process in Mexico involves collaboration and negotiation between different political parties and stakeholders. Congress members propose bills, engage in discussions, and vote on the proposed legislation. This process allows for a diverse range of perspectives to be considered, and it helps to build consensus or highlight areas of disagreement.
Once a bill is passed by the Mexican Congress, it is then issued and published in the Official Journal of the Federation (Diario Oficial de la Federación, DOF). This publication serves as a record of the law and makes it accessible to the public. The President of Mexico may also create regulations to interpret, clarify, or expand on the legislation enacted by Congress, and these regulations are published in the same official journal.
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The President of Mexico's responsibilities
The President of Mexico is the head of the Federal Public Administration and is assisted by a cabinet composed of several Secretariats of State, federal agencies, decentralized agencies, and parastatals. The President is protected by the Presidential General Staff, a military technical body that assists the President in obtaining general information and planning their personal activities.
The President's responsibilities include:
- Promulgating and executing the laws enacted by Congress, providing for their exact observance in the administrative sphere.
- Appointing and removing the Secretaries of State, ambassadors, consuls general, and senior employees of the Treasury.
- Appointing, with Senate approval, ambassadors, consuls general, superior employees of the Treasury, and members of collegial bodies of regulation in telecommunications, energy, and economic competition.
- Appointing, with Senate approval, the colonels and general and flag officers of the Army, Navy, and Air Force.
- Preserving national security.
- Granting exclusive privileges for a limited time, in accordance with the respective law, to discoverers, inventors, or perfectors in any branch of industry.
- When the Senate is not in session, the President may make appointments mentioned in Sections III, IV, and IX, with the approval of the Standing Committee.
- Opting for a coalition government with one or more of the political parties represented in Congress.
- Submitting to the Senate the three candidates for the appointment of judges of the Supreme Court and submitting their resignations to the approval of licenses and the Senate itself.
- Objecting to the appointment of commissioners by the Senate under the terms established in the Constitution and law.
- Creating regulations to interpret, clarify, expand, or supplement the language of legislative enactments. These regulations are published in the Official Journal of the Federation.
The President of Mexico also has the power to initiate and negotiate international matters such as bilateral treaties, unilateral treaties, and international conventions.
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The Constitution of Mexico
The Constitution establishes Mexico as a "federal, democratic, representative Republic composed of free and sovereign States." All public power is derived from the people, and the federal government is divided into independent executive, legislative, and judicial branches. The Constitution also includes provisions relating to human rights, which are to be interpreted according to international treaties on the subject, working to protect people at all times. All authorities are obliged to promote, respect, protect, and guarantee human rights, and the state must prevent, investigate, penalize, and rectify human rights violations.
The Constitution also addresses indigenous rights, recognizing and protecting indigenous peoples' right to self-determination and autonomy. Indigenous communities are defined as those that constitute a cultural, economic, and social unit settled in a territory and that recognize their own authorities, according to their customs. Indigenous peoples have the right to preserve and enrich their languages, knowledge, and cultural and identity elements, as well as maintain and improve their environment and lands. They also have preferential use of the natural resources of the sites they inhabit, except for strategic resources defined by the Constitution.
Congress creates legislation in the form of regulatory laws, organic acts, and ordinary laws that implement the Constitution and are published in the Official Journal of the Federation. The President of Mexico creates regulations to interpret, clarify, expand, or supplement the language of legislative enactments, which are also published in the Official Journal of the Federation.
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Federal Criminal Code
The Federal Criminal Code is one of Mexico's major codes regarding public law. It is part of the civil law tradition, which treats the divisions of law in normative terms. The civil code is the most important embodiment of the law, based on Roman law.
The Federal Criminal Code applies to federal crimes committed within Mexico by both citizens and foreigners. It covers a range of offences, including those related to organised crime, drug trafficking, human trafficking, taxes, and customs operations.
The Code incorporates various provisions, such as those concerning "Crimes Against the Environment and Environmental Management". It contains a dedicated chapter on biodiversity, offering special protection to wildlife. For instance, Article 419 Bis prohibits dog fighting.
The Code also addresses copyright infringement, as outlined in Title Twenty-Six, Articles 424-429. This section includes sanctions for disclosing secrets of an industrial nature (Title Nine, Article 211).
The Federal Criminal Code is subject to amendments, as published in the Official Journal of the Federation. These amendments introduce changes to specific provisions within the Code, such as those mentioned above regarding copyright and industrial secrets.
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State constitutions
Mexico's legal system is based on a civil law tradition, with the Constitution being the fundamental law. The country has 31 states, and each state, along with Mexico City, has its own constitution, known as a state or local constitution ("Constitución del Estado" or "Constitución local"). These state constitutions outline the laws and regulations that govern each state and are published in their respective Official State Gazettes ("Gaceta Oficial del Estado").
The Mexican Constitution, enacted in 1917, calls for a "federal, democratic, representative Republic composed of free and sovereign States." It is based on seven fundamental 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 Constitution was significantly revised in 1992, removing anticlerical restrictions and strengthening private property rights against the state.
The hierarchy of sources of law in Mexico's civil law tradition is as follows: Constitution, legislation, regulation, and custom. The Constitution holds the highest authority and overrides all other sources of law. The legislation, which includes regulatory laws, organic acts, and ordinary laws, is created by Congress and published in the Official Journal of the Federation ("Diario Oficial de la Federación", DOF). These laws implement the Constitution and outline the organisation, powers, and functions of governmental agencies.
The President of Mexico also plays a role in law creation by issuing regulations that interpret, clarify, expand, or supplement the language of legislative enactments. These regulations are also published in the Official Journal of the Federation. Additionally, the Supreme Court and federal collegiate courts can establish binding precedents called "jurisprudencia" through five consecutive and consistent decisions on a point of law.
While Mexico transitioned to democracy in the late 1990s and early 2000s, recent concerns have been raised about democratic decline. The Rule of Law Impact Lab is actively engaged in addressing issues related to electoral integrity, judicial and prosecutorial independence, and freedom of expression.
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Frequently asked questions
The law of Mexico is based on the Constitution of Mexico, which was established in 1917 and calls for a "federal, democratic, representative Republic composed of free and sovereign States." The Constitution is the fundamental law and is at the top of the hierarchy of sources of law.
All laws are drafted, discussed, and approved by the legislative branch of the government, also known as the Mexican Congress. These laws are then issued and published in the Official Journal of the Federation (Diario Oficial de la Federación, or DOF).
Congress creates legislation in the form of regulatory laws, organic acts, and ordinary laws. Regulatory laws implement the Constitution, while organic acts outline the organisation, powers, and functions of government agencies.
The President of Mexico creates regulations to interpret, clarify, expand, or supplement the language of legislative enactments. These regulations are also published in the Official Journal of the Federation.
Some key codes in Mexico include the Federal Criminal Code, the National Criminal Procedure Code, the Fiscal Code, and the Federal Labor Law. In the financial sector, important laws include the Credit Institutions Law, the Bank Savings Protection Law, and the Financial Services User Protection and Defense Law.
