Autonomous Constitutional Bodies as new limits to Mexican presidentialism: A constitutional and political debate

• 발행기관: 세계헌법학회 한국학회
• 저자명: Ignacio Garcia Marin Ana Cristina Gonzá lez Rincon
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第27卷 第1號, 205~241쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.04.30

영문 초록

This research discusses the role that Autonomous Constitutional Bodies (OCAs in Spanish) play within presidentialism in the Mexican political system. We start briefly from the evolution of the liberal state, the classic triad on the separation and division of powers and its recent evolution in Mexico until the transition to democracy in 2000. Later, it will be analyzed from a constitutional and political view, one of the main Mexican constitutional innovations that paved this path with the creation of the OCAs, which facilitated the loss of constitutional powers of the head of State and the end of imperial presidentialism. To facilitate understanding the OCAs and their legal configuration, it will be focused on the Mexican ombudsperson, which is called the National Human Rights Commission (CNDH in Spanish), which well exemplifies the limits of these institutions but also their capacity to modernize and democratize the Mexican State.

목차

1. Introduction

2. Presidentialism as a form of government and the Mexican variant

3. The Autonomous Constitutional Bodies and their legal configuration in Mexico

4. The National Human Rights Commission: its role as OCA in Mexico

5. The OCAs and the Mexican political system: a turn of the page to presidentialism and the doctrine of the separation of powers

6. Conclusions

키워드

Mexico Autonomous Constitutional Bodies CNDH Constitution division and separation of powers presidentialism