Revista Internacional & Comparada de Derechos Humanos
The Revista Internacional & Comparada de Derechos Humanos is a biannual academic and scientific publication edited by the Academia Interamericana de Derechos Humanos of the Autonomous University of Coahuila. Its purpose is to disseminate analytical, critical, contextual, and theoretical studies on human rights, both at the national and international levels, always from a comparative perspective. The journal is aimed at researchers, professors, students, and professionals interested in the study and practice of human rights. In line with this purpose, the publication promotes open access, peer review, and compliance with international ethical standards, ensuring quality and transparency at every stage of the editorial process. Through this publication, the Academia Interamericana de Derechos Humanos seeks to strengthen academic debate and contribute to the construction of more just and inclusive societies. In this direction, the journal consolidates itself as a space for critical reflection and interdisciplinary dialogue, placing at its center the validity and defense of human rights in comparative contexts.
Academia Interamericana de Derechos Humanos, Universidad Autónoma de Coahuila
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Review. Villalpando, José Manuel (ed.), Reflections on the Implementation of Judicial Reform, 2024–2025, Mexico City, Escuela Libre de Derecho, 2025.
The book *Reflections on the Implementation of the 2024–2025 Judicial Reform*, published by the Escuela Libre de Derecho (ELD), is one of the first collective analyses of the impact of the most controversial judicial reform in Mexico in recent decades. Unlike other works that focus on the constitutional reform itself, this book examines its concrete effects. It examines institutional dilemmas, the tensions between democratic legitimacy and judicial independence, and the practical implications of implementing the ideal of popular election of judges within the reality of Mexican politics.
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Review. López Noriega, Saúl; Martín Reyes, Javier (eds.), The Judicial Storm: Implications of the 2024 Reform in Mexico, Mexico City: Nexos, 2025.
The book, edited by Saúl López Noriega and Javier Martín Reyes, is a must-read for anyone interested in constitutional law and the promotion and defense of human rights. This is true not only because of the depth and insight with which the authors address the thirteen chapters that make up the work, but also because it is being published at a time of enormous change in our country’s constitutional and legal landscape.
Review. Saavedra Herrera, Camilo Emiliano (ed.), Twenty Years Is Nothing: The Supreme Court and Constitutional Justice Before and After the 1994 Judicial Reform, Mexico City: Center for Constitutional Studies of the Supreme Court of Justice of the Nation, 2018.
The book "Twenty Years Is Nothing: The Supreme Court and Constitutional Justice Before and After the 1994 Judicial Reform", published by the Center for Constitutional Studies of the Supreme Court of Justice of the Nation (SCJN) in 2018, offers a multidimensional analysis of the institutional transformation of the Federal Judiciary in Mexico, with an emphasis on the 1994 constitutional reform. The primary objective of the book is to delve into the causes, processes, and consequences of this crucial reform, whose fundamental purpose was to consolidate the SCJN as a true constitutional court dedicated to resolving matters of a constitutional nature.
Book review. Iannaccone, Rosa, Another Form of Presidentialism: A Comparative Study of Latin American Systems of Government Based on the Cases of Mexico and Chile, Turin: Giappichelli, 2025.
The book "Un altro presidenzialismo: A Comparative Study of the Latin American Form of Government Based on the Mexican and Chilean Cases", authored by Rosa Iannaccone, explores Latin American presidentialism and offers a notable and important comparative study of the presidential systems of two major countries in the region. The text aims to determine whether Latin American presidentialism exhibits unique characteristics that make it a distinct variant, different from the outset from the classic U.S. model, and thus to establish whether another form of presidentialism exists.
The right to choose: An ethical and legal dialogue on abortion andassisted suicide
This text begins with a philosophical and legal discussion of two deeply controversial topics: abortion and assisted suicide. Taking as its starting point the reflections contained in Ronald Dworkin’s Justice for Hedgehogs (2011), this text also explores the contributions of contemporary thinkers such as Michael Sandel (2009), John Rawls (1995), Robert George (1999), Juan Miguel Zunzunegui (2012), and classics such as Socrates, Plato, Aristotle, and Augustine of Hippo. The aim is not to issue a definitive judgment, but rather to present a comprehensive and rigorous analysis of the main ethical and legal foundations at stake, while also incorporating a faithful reconstruction of a critical conversation between the author and a reflective interlocutor.
Judicial independence in the evolution of the case law of the Inter-American Court of Human Rights: progress and prospects
Judicial independence is an essential element of a democratic system and, by extension, of the rule of law, as it ensures effective mechanisms for the protection of human rights by autonomous judicial authorities, subject only to the legal system. For this autonomy granted to judges to be genuine, it is essential to establish a set of safeguards that operate from the selection of those who will exercise judicial functions, through their stability and irremovability from office, to the provision of specific grounds that would allow for their eventual removal. All of the above has been the subject of case law derived from the rulings of the Inter-American Court of Human Rights, a brief overview of which is presented in this paper.
Models for appointing Constitutional Court Justices: A proposed classification as a framework for reflection on the method of popular election
Given the wide variety of models that exist today, it is not easy to develop a classification system for the appointment of constitutional court justices that is as comprehensive as possible. It is, however, worthwhile to contribute to the efforts already made in this area by proposing a classification system that provides an overview of these models. This paper will contribute to that purpose by proposing a classification scheme that could prove useful wherever one wishes to implement, modify, or test selection procedures. The proposed framework, in fact, does not stray far from certain categories already formulated by legal doctrine, but the one presented here contains some new elements, as will be discussed later.
Gender Parity on the Supreme Court ofJustice: Implications of the2025 Judicial Reform.
The text examines the 2024 Mexican judicial reform and the 2025 special election, which introduced guaranteed parity to the Supreme Court of Justice of the Nation for the first time. Historically, the Court was marked by the exclusion of women: from its creation in 1824 until 1961, no woman held a seat, and between 1994 and 2024, only seven female justices were appointed, compared to 21 male justices. The 2019 parity reform omitted the highest court, constituting a legislative oversight. Change came in 2024, when mandatory mechanisms were established to ensure a majority of women on the full bench. The 2025 election consolidated this progress: five female justices and four male justices, with 55% female representation and the expectation that four consecutive terms will be led by women. The essay concludes that, although the achievement is historic and symbolic, true transformation will depend on the quality of jurisprudence and institutional commitment to substantive equality.
The popular election of judges in Mexico: an analysis from a comparative perspective
The text analyzes the popular election of judges in Mexico following the 2024 judicial reform, situating it within the debate on judicial independence and democratic legitimacy. It reviews comparative experiences: in the United States, where the vote introduces accountability but also politicization and financial dependence; in Bolivia, where the judicialization of the vote led to illegitimacy and subordination to political power; and in Europe, where judicial councils reinforce professionalization and depoliticization. The paper argues that judicial independence is a guarantee for citizens, not a privilege for judges, and that popular election can lead to judicial populism, undermining impartiality and public trust. In Mexico, the reform runs the risk of replicating negative dynamics if electoral logic is prioritized over judicial careers. The conclusion is clear: true democratization requires an independent, professional, and meritocratic judiciary capable of protecting rights against temporary majorities and political pressures.
Human Rights Vulnerabilities in Mexico and the Protection of Migrants and Refugees: “Between Hope and the State’s Obligation”
Human mobility is a human right recognized in the Universal Declaration of Human Rights (UDHR) (Art. 13) and in the American Convention on Human Rights (Art. 22). However, in Mexico, migration takes place in a context of extreme vulnerability characterized by violence from state and non-state actors, impunity, and social criminalization (CNDH 2021). This essay, drawing on the experience of the Casa del Migrante in Saltillo, Coahuila, seeks to analyze the vulnerability of the human rights of migrants and refugees in Mexico, highlight deficiencies in state protection, and propose concrete actions that contribute to guaranteeing these rights in accordance with international standards.
“Hate Speech as a Limit on Freedom of Expression”: A Critical Analysis of Irene Spigno’s Work in the Context of Democratic Erosion
The work of Irene Spigno critically examines the tension between freedom of expression and hate speech, highlighting how constitutional models and international law have shaped the limits of this right. It traces the circulation of constitutional ideas, the theoretical foundations of free speech, and broadens the definition of hate speech to include gender and sexual orientation. At the same time, it warns that hate speech legislation—originally designed to protect democracy—can be misused in contexts of democratic erosion to silence legitimate dissent and strengthen authoritarian projects, as documented in cases from Europe, Russia, Rwanda, and Venezuela. Overall, the book provides a solid comparative and normative framework while cautioning against the authoritarian instrumentalization of these laws to undermine pluralism and human rights.
The 2024 constitutional reform of the judiciary: challenges in evaluation, committee integration, and electoral campaigns
The constitutional reform to the Mexican Judiciary published on September 15, 2024, introduced an unprecedented system of popular elections for judges and justices. This article examines the main implementation challenges of this reform, focusing on three issues: (1) the lack of uniform methodologies for evaluating and selecting judicial candidates; (2) the deficient composition of evaluation committees, which lack neutrality, proven track record, and professional recognition; and (3) the risks arising from judicial election campaigns, including political propaganda, campaign financing, and the erosion of impartiality. The article concludes that although improvements to the judicial appointment system are necessary, it is crucial to implement rigorous evaluation methods and standardized criteria for committee composition as measures to mitigate the risks of the electoral selection model and to ensure that merit and independence remain paramount in the judiciary
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Between the ballot box and the robe: judicial reform in Mexico and its consequences for democracy
The 2024 Mexican judicial reform, approved under the argument of democratizing justice through the popular election of judges, has triggered one of the most profound constitutional debates in the country’s contemporary history. This study examines its impact on democracy, judicial independence, and the institutional stability of the Mexican State. Based on a doctrinal and comparative review, it demonstrates that the reform, far from strengthening citizen participation, constitutes a setback in terms of the separation of powers and the protection of fundamental rights, thereby eroding Mexican democracy. It is argued that the popular election of judges distorts the counter-majoritarian principle of constitutional justice and opens the door to the political, economic, and criminal capture of judicial bodies. Likewise, the operational crisis of the Federal Judiciary during and after the institutional transition is analyzed, highlighting the risks it poses to the rule of law. The article concludes that judicial independence is not a corporate privilege but a structural requirement for the validity of constitutional democracy.
The role of the constitutional judge in safeguarding the right to health of persons deprived of liberty in the state of Nuevo León
Based on the constitutional and conventional framework, this study examines the role of the constitutional judge within the penitentiary context of the State of Nuevo León, taking into account the structural vulnerability faced by persons deprived of liberty, particularly with respect to their fundamental right to health. The analysis seeks to determine whether constitutional judicial action fulfills its protective function or, conversely, remains confined to a formalistic and restrictive approach that limits effective judicial protection. Finally, the study reflects on the need to strengthen the role of the constitutional judge as an agent of transformation and as a guarantor of the real and substantive protection of human rights.
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A Politicized Judicial Administration? The Composition and Functioning of the Judicial Administration Body
This article examines the composition and operation of the Judicial Administration Body of the Federal Judiciary, as established by the 2024 constitutional reform of the judiciary. Specifically, the study seeks to determine whether the formula for appointing the members of the Judicial Administration Body is subject to political influence and whether such influence may affect the management of resources and the governance of the judicial career system. The members of this Body must be appointed as follows: one by the President of the Republic, one by the Senate of the Republic, and three by the Plenary of the Supreme Court of Justice of the Nation. These authorities, in turn, hold elective offices that derive from popular will, and political considerations are inherent in their selection. Consequently, the article concludes that the appointment of the members of the Judicial Administration Body may carry a political orientation, which poses a risk to the administration of financial resources, assets, and personnel, as such management could be conducted with favoritism and without adherence to objectivity, impartiality, and administrative neutrality.
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Review. Martinico Giuseppe & Ruotolo Gianpaolo Maria, The Law in Graphic Narratives: Legal Perspectives on Comics, Manga and Anime. Berlin/Boston, De Gruyter.
Han sido muchos los estudios que se vienen realizando sobre la relación entre el derecho y el arte, abarcando desde las representaciones pictóricas y las obras literarias más clásicas hasta las manifestaciones estéticas contemporáneas. Y es dentro de estas últimas donde se centra The Law in Graphic Narratives, una obra colectiva que se adentra en la intersección entre derecho y narrativas visuales, explorando cómo los cómics, el manga y el anime no solo representan el derecho, sino que también lo configuran y cuestionan. Los profesores Giuseppe Martinico y Gianpaolo Maria Ruotolo dirigen este volumen que reúne contribuciones de académicos de diversas disciplinas, ofreciendo una perspectiva multidimensional sobre cómo las formas narrativas gráficas interactúan con conceptos legales y normativos. Una obra que aúna la rigurosidad de publicaciones como Law and Literature Journal con la frescura de jóvenes juristas que aprecian las narrativas gráficas que, con independencia de su origen angloamericano u asiático, abordan cuestiones de carácter universal sobre la justicia.
Review. Garza Onofre, Juan Jesús; Pou Giménez, Francisca; Valadés, Diego, coordinators, Is There a Jurisdictional Path to Declare Constitutional Reforms Unconstitutional?, Mexico, Institute of Legal Research–National Autonomous University of Mexico, 2025,
As stated by the eminent constitutional judge and distinguished jurist Gustavo Zagrebelsky, the doctrine of the Constitution in a material sense has long been a classic theme in contemporary constitutional reflection in Italy and other parts of the world. It has generated multiple agreements and disagreements, but never indifference or a priori refutations, in the attempt to link constitutional norms with the effectiveness of political will and with the suitability of the constitutional text as a vital principle and source of effective order, as well as of the renewal of community life. Costantino Mortati’s doctrine on the notion of the Constitution in its material sense and the way it can take shape in particular historical forms of the State continues to enjoy credibility due to the analytical description it offers of the real functioning of the political system and its institutions, as well as the role it plays. Likewise, its influence in the reconstruction of the system of international relations has occupied an important place in the development of Italian constitutional legal science of the 20th century, which in turn has transcended into the present century and permeated our continent.
Review. Sergio López Ayllón, J. Jesús Orozco Henríquez, Pedro Salazar and Diego Valadés, Technical Analysis of the 20 Constitutional Reform Initiatives: A Critical and Interdisciplinary Examination. Mexico, National Autonomous University of Mexico, Instit
El libro “Análisis técnico de las 20 iniciativas de reformas constitucionales y legales presentadas por el presidente de la República (febrero 5, 2024)” es una obra de gran relevancia en el ámbito jurídico y político de México. Coordinado por Sergio López Ayllón, J. Jesús Orozco Henríquez, Pedro Salazar y Diego Valadés, reúne a más de 40 especialistas del Instituto de Investigaciones Jurídicas de la Unam, quienes examinan con rigor técnico y profundidad argumentativa las reformas constitucionales propuestas por el presidente Andrés Manuel López Obrador. Su publicación responde a la necesidad de analizar, desde diversas perspectivas, un paquete de reformas que representa la transformación constitucional más amplia en la historia reciente del país. La obra contextualiza estas iniciativas en un momento clave de la evolución constitucional mexicana. Desde su promulgación, la Constitución de 1917 ha experimentado 771 modificaciones mediante 252 decretos de reforma, con una aceleración notable en las últimas décadas. Sin embargo, las reformas propuestas por el Ejecutivo federal implican un cambio de paradigma, pues plantean la modificación de 53 artículos constitucionales y establecen un nuevo enfoque denominado “constitucionalismo populista”. Este modelo se caracteriza por una visión de la democracia centrada en la idea de un pueblo homogéneo cuya voluntad es suprema e interpretada por un liderazgo carismático sin intermediaciones institucionales.
Review. Tron Petit, Jean Claude, What is Open Justice? National Priority. Mexico, National Autonomous University of Mexico, Institute of Legal Research, 2024.
The book What is Open Justice? National Priority, by Jean Claude Tron Petit, published in 2024 by the National Autonomous University of Mexico (UNAM) through its Institute of Legal Research, stands as a fundamental work in the contemporary study of law in Mexico. At a crucial moment in the history of the administration of justice in the country, the author presents an exhaustive analysis of the concept of open justice and its implementation in the Mexican judicial system, a traditionally opaque field, far removed from active citizen participation. This work is part of the Enclave Jurídica series, a collection that seeks to address central issues of legal practice and offer innovative solutions to the problems currently faced by the judicial field.
Autonomous public bodies in Mexico and their relevance in the protection of human rights
The purpose of this chapter is to analyze the figure of autonomous constitutional bodies, starting with the exposition of what they’re known for in a general way and then focusing on the discussion of three specific bodies. Along with describing the functions that they have, it’s considered important to discuss some criticisms that have been made regarding the work of these institutions and to conduct a critical analysis in order to determine whether, according to this author, such appreciations are justified. Also, this document aims to illustrate the ways in which the autonomous bodies contribute to the defense of human rights, maintaining their independence in relation to other entities as a priority.
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Mandatory pre-trial detention: automatic incarceration?
Since 2008, article 19 of the Mexican Constitution has included a catalogue of criminal offenses for which mandatory pre-trial detention must be imposed. Recently, this constitutional provision was amended—once again—to expand the list of such offenses. The very existence of mandatory pre-trial detention, and now its extension, has reignited debate over its legitimacy, considering the broader norms within the Mexican legal system, including those derived from the corpus of conventionality. However, beyond this highly relevant legal discussion, it is worth examining the mechanisms available to the accused to prevent the imposition of automatic pre-trial incarceration. If mandatory detention cannot be avoided through arguments concerning the fulfillment of legitimate procedural purposes, then it becomes necessary to identify alternative—albeit provisional—mechanisms to prevent the application of what would amount to anticipated punishment.
Constitutional Reform, Oversight Bodies, and Access to Information: An Analysis of Mexico’s 2024 Reform
Se analiza la reforma constitucional aprobada en México en diciembre de 2024, presentada bajo el título de simplificación orgánica con el objetivo de eliminar varios organismos autónomos y transferir sus funciones al Ejecutivo. El texto examina, enfocándose en el órgano garante del acceso a la información y la transparencia, los antecedentes de esta iniciativa, el contexto político tras las elecciones de junio de 2024 que permitieron su aprobación, y las implicaciones de eliminar organismos clave para la democracia y la rendición de cuentas. El análisis crítico lleva a señalar que la reforma es endeble en su sustento técnico toda vez que su principal argumento, el ahorro económico que significarían estos cambios, no fue respaldado por la instancia responsable de las finanzas públicas del país —la Secretaría de Hacienda y Crédito Público—. A pesar de intentos de diálogo y propuestas de reestructuración interna, el organismo fue eliminado sin mayor modificación al texto original. El artículo concluye cuestionando la justificación y consecuencias de la reforma, alertando sobre su impacto en el federalismo y los mecanismos de control democrático en México.
Parliamentary Oversight and indirizzo politico
Based on the background of liberal constitutionalism and the inherent consequences of constitutional democracy, this paper defends the parliamentary function of government oversight as the primary function of Parliament. Subsequently, and based on its central position in a democracy, it proposes a collaborative, and non-repressive, parliamentary oversight in Mexico. Specifically, it seeks to reclaim its indirizzo politico and focus on the fulfillment of the Material Constitution. Finally, it proposes that constitutional jurisprudence serve as an objective standard in this oversight function, to analyze and rectify the effectiveness of public policies aimed at fulfilling fundamental rights, particularly social rights.
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Constitutional reform abuse: the case of officious preventive detention in Mexico
El presente artículo aborda el fenómeno de los abusos a las reformas constitucionales como tendencia de cada administración presidencial para dar expresión a su proyecto político y consolidarlo en la máxima jerarquía normativa. En particular, se estudia el tratamiento constitucional que se ha dado a la prisión preventiva oficiosa, prevaleciendo una política criminal populista, pues pese a la sentencia de la Corte Idh, en el Caso García Rodríguez y otro vs. México, en la que ordena a México adecuar su marco jurídico interno para ser compatible con los estándares interamericanos, el Estado mexicano reformó la constitución para ampliar aún más el catálogo de delitos que merecen prisión preventiva oficiosa
The relationship between legal argumentation and the human rights approach in a competency-based profile for the start of legal practice
This study is part of the research project Dna of the legal profession developed at the Center for Studies on Law Teaching and Learning (Ceead), which resulted in a profile based on competency standards for the start of legal practice. One of the dimensions of this profile is legal argumentation, which has historically been considered an essential activity for lawyers. To establish the rule of law in a country, it is crucial to identify how legal argumentation, which has the potential to be used for political purposes, integrates with the human rights approach. To contribute to the discussion, this work explores the relationship between these two concepts based on the perceptions of the lawyers who participated in the development of the profile for the start of legal practice. The results showed that law is understood as a tool for achieving social transformation, and similarly, argumentation is a process that cannot be reduced to technical aspects but necessarily involves responding to the social context, as well as using it to solve legal problems and protect human rights.
Review. González Oropeza, Manuel and de la Teja, Jesús F., Minutes of the Constituent Congress of Coahuila and Texas from 1824 to 1827, First Bilingual Constitution, Vol. 1, Electoral Tribunal of the Federal Judiciary Collection, 2016.
La valiosa recopilación de las Actas del Congreso Constituyente resulta particularmente adecuada, no solo por su función de conservación y difusión, sino también porque brinda a académicos y al público en general la oportunidad de acceder a la historia legislativa, constitucional y colonizadora de la vida cotidiana del noreste del país durante sus primeros años de independencia. En la obra académica, —la cual es bilingüe—, se permite valorar en gran medida los problemas iniciales que posteriormente condujeron a la pérdida de territorios como Texas, Nuevo México y Alta California, no tanto por razones bélicas, sino por la falta de previsión en la adecuada supervisión de la aplicación de las leyes federales de colonización. Este ha representado un grave desafío para México, reconocer que cada región posee características distintas y que los problemas no son homogéneos. Manuel González Oropeza y Jesús F. de la Teja, coordinan esta obra literaria de gran valor histórico y académico en tres capítulos.
Review. Rivera León, Mauro Arturo, Supermajorities in Constitutional Courts, New York, Routledge, 2024.
The book Supermajorities in Constitutional Courts by Mauro Arturo Rivera León addresses a highly relevant topic within constitutional law: the impact of supermajority rules on constitutional review of laws in constitutional courts. The central analysis focuses on how supermajorities, understood as requirements of a voting threshold higher than a simple majority to make judicial decisions, are implemented in various jurisdictions to invalidate legislation, highlighting both their benefits and their potential disadvantages in judicial practice. The main objective that guides the different chapters of the book is to examine, through a comparative approach, the different models of supermajorities in various jurisdictions. This includes the reasons that motivate their implementation, the way in which supermajorities were introduced, the motives that led legislators to support such rules, their legal source, the degree of consensus, the evaluation of their effectiveness, and their repercussions for both democracy and the theory of judicial review.
Review. Ugartemendia Eceizabarrena, Juan Ignacio, Interpretation in Accordance with European Union Law. Special Reference to the Constitutional Interpreter, Navarra, Aranzadi, 2023.
Interpretation in Accordance with European Union Law. Special Reference to the Constitutional Interpreter (Aranzadi, 2023), the latest book by Juan Ignacio Ugartemendia Eceizabarrena, stands as an important reference for scholars of constitutional issues and, in particular, for the doctrine of constitutional and conventional interpretation, not only in Europe. Although the study focuses on the current phase of the European integration process, updating issues related to the interpretation and argumentation of different sources of law is a classic subject that stems from questions such as: What does it mean to interpret? How are texts and norms related during the interpretive process? In what way is the activity of assigning meaning carried out? Is conformity or nonconformity found in rights, or are they properties that only interpreters can describe?
Brief Analysis of the Reform to Articles 129 and 148 of the Amparo Law: A Regressive Measure in Terms of Suspension?
On November 20, 1917, in amparo trial 31/917, the First District Judge in the State of Chiapas, based in Tuxtla Gutiérrez, received verbal notice that an escort was heading to the municipal cemetery to execute Humberto C. Ruiz and Sarain López. Immediately, the judge went to the place; before arriving, a shot was heard that ended Ruiz’s life. The amparo judge ordered the commander of the escort to suspend the execution of López, whose order he signed on the first piece of paper he found. Shortly after, the Chief of Military Operations in the State also appeared, whom the judge also required to suspend the act. With this, López’s execution was suspended. The suspension of the challenged act is a legal institution accessory to the amparo trial, but, to a greater or lesser extent, fulfills a function of protecting human rights against acts of authority, since it allows stopping or temporarily interrupting the alleged violations by the complainant, while keeping the subject matter of the amparo alive so that, in the event that constitutional protection is granted, the complainant may be restored in the enjoyment of their fundamental rights. Suspension first appeared in 1861 with the Regulatory Law of Articles 101 and 102 of the 1857 Constitution. This figure was later adopted in the Amparo Laws of 1869 and 1882, in the Federal Codes of Civil Procedure of 1897 and 1908, as well as in the Amparo Laws of 1919 and 1936. Currently, the Amparo Law is in force, Regulatory of Articles 103 and 107 of the Political Constitution of the United Mexican States, published in the Official Gazette of the Federation on April 2, 2013. This law establishes a comprehensive scheme on the suspension of the challenged act, which contemplates general and particular rules, modalities, aspects, procedures, and remedies against decisions in this matter. For its part, the Federal Judiciary, especially the Supreme Court of Justice of the Nation and the Collegiate Circuit Courts, through various judicial criteria —mainly those issued in the Ninth, Tenth, and Eleventh Epochs of the Federal Judicial Weekly—, have forged an abundant jurisprudential line aimed at strengthening suspension and thus turning it into a powerful mechanism for the protection of the rights of the governed against acts of authority. However, despite all this progress in terms of suspension of the challenged act, on June 14, 2024, the decree of reform to the Amparo Law was published in the Official Gazette of the Federation, by which the last paragraph of Article 129 was repealed and the third paragraph of Article 148 was added. This reform prima facie aimed to limit the powers of amparo judges to grant the suspension measure, as well as to prohibit suspension with general effects in the case of general norms. In this context, this commentary makes a brief study on the recent legislative amendments to the Amparo Law, with the purpose of expressing a position —from the academic level— according to which the reform constitutes a setback in terms of suspension of the challenged act, contradicts the principles of progressivity, separation of powers, and judicial independence, and puts at risk the fundamental rights of individuals, especially those of a collective or diffuse nature.
Constitutional and Conventional Reasoning of International and Regional Courts: How Do Jurisdictions that Protect Human Rights Dialogue?
Studying the reasoning of the main international and regional human rights courts and analyzing how it impacts and relates to the models of constitutional reasoning of legal systems belonging to varied legal cultures is key at a time when, in Mexico, core aspects regarding the validity of international human rights law in the domestic sphere are still being defined. Therefore, from a comparative perspective that emphasizes the unique aspects of each country, region, and court addressed, this analysis seeks to approach the courts that effectively protect human rights to understand how international criteria, both from the universal system and from regional systems, are integrated into national legal systems. To this end, some mentions are made about the internalization of constitutional law as context, followed by addressing the importance of harmonizing international criteria to protect the rights of all people and the implications of dialogue between courts, with particular attention to the coincidences and contrasts existing in the current and historical contexts of Europe and America. Finally, it is pointed out how all of the above fits into the current Mexican framework.