Glossary of Mexican Constitutional Law Terms

Introduction

This glossary defines key terms in Mexican constitutional law, providing essential vocabulary for understanding the structure, remedies, and procedures of the Mexican legal system. These terms appear frequently in constitutional litigation, legal scholarship, and judicial decisions.

Key Terms

Amparo: A writ of protection, Mexico’s central constitutional remedy, allowing individuals to challenge laws, acts, or omissions by public authorities that violate fundamental rights. Governed by Articles 103 and 107 of the Constitution and the Amparo Law.

Acción de Inconstitucionalidad: Action of unconstitutionality. An abstract constitutional review proceeding before the SCJN challenging the constitutionality of laws, treaties, or regulations. Filed by authorized bodies within 30 days of enactment.

Controversia Constitucional: Constitutional controversy. A proceeding before the SCJN to resolve disputes between federal and state governments, between branches of government, or between governmental entities over the distribution of powers.

Facultad de Investigación: Investigative power of the SCJN (Article 97 of the Constitution). The SCJN may investigate violations of constitutional rights by a federal authority or serious crimes affecting the political order.

Juicio de Amparo: The amparo proceeding itself, encompassing both amparo indirecto (filed before district courts) and amparo directo (filed before circuit courts).

Jurisprudencia: Binding judicial precedent established by the SCJN through consistent case decisions or precedent-setting rulings. Binding on all lower federal and state courts.

Otero Formula: The principle that amparo judgments benefit only the specific applicant who filed the claim (relatividad de las sentencias). Named after Mariano Otero, who proposed this limitation.

Bloque de Constitucionalidad: Bloc of constitutionality. The set of constitutional provisions and international human rights treaties that form the standard for constitutional review, established by the 2011 human rights reform.

Control de Convencionalidad: Conventionality control. The obligation of all judges to review domestic laws for consistency with international human rights treaties.

Pro Persona Principle: The interpretive principle requiring the application of the human rights norm that provides the broadest protection to the individual.

Suplencia de la Queja: The principle allowing courts to supplement or correct the applicant’s legal arguments in amparo proceedings, particularly in favor of vulnerable individuals.

Interés Legítimo: Legitimate interest. A standing requirement in amparo and administrative proceedings, broader than a direct individual interest, allowing those with a qualified interest to challenge government actions.