Rule of Law and Constitutional Supremacy in Mexico
Introduction
The rule of law (estado de derecho) is a fundamental principle of the Mexican legal system, rooted in the Constitution’s supremacy and the binding force of law on all persons and authorities. Article 133 of the Constitution establishes the principle of constitutional supremacy, providing that the Constitution, federal laws, and international treaties are the supreme law of the land. The 2011 human rights reform reinforced the rule of law by elevating human rights and establishing the pro persona principle.
Constitutional Supremacy
Article 133 establishes the hierarchical supremacy of the Constitution over all other legal norms. Federal courts and state judges must apply the Constitution, federal laws, and treaties, notwithstanding any contrary provisions in state constitutions or laws. The SCJN has clarified that constitutional supremacy means that all government acts must conform to the Constitution, and acts that violate constitutional provisions are null and void.
Principle of Legality
The principle of legality (principio de legalidad) requires that all government actions be authorized by law. Article 16 of the Constitution provides that no person may be disturbed in their person, family, home, papers, or possessions without a written order from a competent authority supported by legal justification. This principle applies to all branches of government and requires that administrative, legislative, and judicial acts be grounded in pre-existing legal norms.
Due Process
Due process (debido proceso) is guaranteed by Article 14 of the Constitution, which requires that no person be deprived of life, liberty, property, possessions, or rights except through a proceeding before a competent court in accordance with legal formalities. Due process encompasses the right to a hearing, the right to present evidence, the right to legal representation, the right to an impartial tribunal, and the right to a reasoned decision.
Access to Justice
The rule of law requires effective access to justice, including the availability of legal remedies, affordable legal services, and efficient courts. The amparo remedy is the primary mechanism for challenging government actions that violate individual rights. The CNDH and state human rights commissions provide non-judicial remedies for human rights violations. The SCJN has recognized access to justice as a fundamental right derived from Articles 14 and 17 of the Constitution.
Conclusion
The rule of law is a foundational principle of the Mexican legal order, grounded in constitutional supremacy, the principle of legality, due process, and access to justice. The 2011 human rights reform strengthened the rule of law by incorporating international human rights standards and establishing human rights as the guiding framework for government action.