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“…Now, it’s important to make a clarification. The author of these lines does not stand for the isolation or failure to recognize an undeniable reality (it would be absurd): the reality of the international treaties and the contribution of some international courts, such as the European Court of Human Rights, the International Criminal Court or the International Court of Justice. What I notice is a lack of balance, restraint, prudence and even dignity. The Mexican Court (which, I repeat, is no longer supreme), should continue to exercise a fundamental role: to be a judge and not a mere passive recipient of the resolutions determined in the international seat of the court. To do so, would a reservation to the jurisdiction of the Inter-American Court be necessary? Yes, certainly, as well as a new resolution that voids the 912/2010 resolution and, furthermore, an amendment to the 5/2013 agreement of the Plenum of the “Supreme” Court of Justice, which second paragraph, section XV, granted powers to the Plenum of that body to receive the resolutions of the IACHR “in cases where the Mexican State is a party.” So … from being “Supreme,” the Mexican Court assumed the unworthy role of becoming registry of a body that is far from “Inter-American…”
Attention was drawn to the fact that the constitutional text in itself did not have significant changes to its articles 25, 27 and 28. On the other hand, the essential part of the reform was conformed, in contrast, by twenty-one transitory articles, when the legislative technique suggests (or supposes, or allows us to believe) that such types of articles are temporary and are only used to make the transition between one regime to the other. However, the current Mexican Constitution has never been a good example of the legislative technique.
Except for the foregoing…
Mexico’s Supreme Court of Justice of the Nation (SCJN) is the highest body of enforcement and construction of the national Constitution. In respect of “human rights,” it has the Inter-American Court of Human Rights (I/A Court H.R.) as higher court. The latter, at the SCJN’s sole discretion, was adopted during July 2011 and published on October 4 of the same year, when the SCJN resolved to subject itself unconditionally to the decrees of the I/A Court H.R. (continue reading…)
Amparo is a constitutional process that aims to protect human rights. The verb amparar means to favor someone, to defend or protect oneself. (continue reading…)
Teléfonos de México is a telecommunications company that, having started off with a very wide operation base in Mexico, has expanded to the United States of America and different countries of Latin America, such as Argentina, Brazil, Colombia, Chile, Ecuador, Guatemala, Dominican Republic, and Uruguay, amongst others, with diverse denominations. (continue reading…)