Revolutionary Period: Law and the Constitution of 1917

Introduction

The Mexican Revolution (1910–1917) and the Constitution of 1917 that emerged from it represent the most transformative period in Mexican legal history. The Revolution overthrew the Porfiriato, destroyed the old legal order, and produced the world’s first social constitution. The 1917 Constitution incorporated revolutionary demands for land reform, labor rights, secular education, and national sovereignty over natural resources.

The Revolutionary Legal Framework

During the armed phase of the Revolution (1910–1917), revolutionary factions issued decrees and laws that anticipated constitutional reforms. The Plan de Ayala (1911), issued by Emiliano Zapata, demanded land reform and the restoration of communal lands. The Law of July 6, 1915 (Ley del 6 de julio) established the basis for land redistribution. The Law of January 6, 1915 initiated the agrarian reform.

The Constituent Congress of Querétaro

The Constituent Congress convened in Querétaro on December 1, 1916, with Venustiano Carranza as head of the executive. The Congress was divided between moderate carrancistas and progressive jacobinos, who pushed for the inclusion of social and economic rights. The progressive faction prevailed on key issues, resulting in the incorporation of labor rights (Article 123), land reform (Article 27), and secular education (Article 3).

Social Rights in the Constitution

The 1917 Constitution’s most innovative features were its social rights provisions: Article 3 established free, secular, and mandatory education; Article 27 asserted state ownership of natural resources, authorized land expropriation for public benefit, and created the ejido system; Article 123 established the eight-hour workday, minimum wage, right to strike, workers’ compensation, and social security. These provisions positioned the 1917 Constitution as the world’s first social constitution.

The Ejido System

Article 27 established the ejido as a form of social property, restoring communal land tenure that had been dismantled by the Reform Laws. The ejido system allowed landless peasants to receive land grants for collective or individual use, with ownership vested in the ejido community. The Agrarian Code of 1934 and subsequent legislation developed the ejido legal framework.

Constitutional Implementation

The implementation of the 1917 Constitution occurred gradually over the following decades. The presidencies of Álvaro Obregón (1920–1924) and Plutarco Elías Calles (1924–1928) began land redistribution and labor law enforcement. The administration of Lázaro Cárdenas (1934–1940) significantly accelerated land reform, nationalized the oil industry in 1938, and strengthened labor rights.

Conclusion

The revolutionary period produced a transformative constitution that reshaped Mexican law and society. The 1917 Constitution’s social rights provisions — land reform, labor rights, and secular education — established Mexico as a leader in social constitutionalism and set the legal framework for the country’s modern development.