ISSN: 2310-2799
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636,460 artículos
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Año:
2025
ISSN:
2448-4881, 1405-9193
Otero Varela, Juan Manuel
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
Two years after its creation, the constitutional design of the National Guard is modified, to be considered part of the permanent Armed Force operationally and administratively dependent on the Secretariat of National Defense, with functions of supporting public security, recognizing its personnel the same benefits, duties, restrictions and jurisdiction that correspond to the armed forces.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Pérez-Pacheco, Yaritza; Esquivel Díaz, Silvia Alexandra
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
This article examines the human right to health in Mexico by addressing its normative foundations and the State’s obligations, focusing on challenges to its implementation and enforceability. It analyzes international and domestic frameworks, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and relevant jurisprudence, to evaluate socioeconomic inequalities, inefficiencies in resource management, unequal access to medicines and technologies, institutional fragmentation, and cultural barriers. Furthermore, it highlights international best practices, including integrated primary care, digitalized health systems, and telemedicine, as strategies applicable to the Mexican context. Based on a critical analysis of legal doctrine, jurisprudence, and international experiences, the article proposes measures to strengthen the enforceability of this right, emphasizing the importance of inclusive public policies and international cooperation as essential tools to ensure equitable and effective access to health care.
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Año:
2025
ISSN:
2448-4881, 1405-9193
The administration and disciplinary bodies in the 2024 Mexican judicial reform. Risks and challenges
Gómez Marinero, Carlos Martín
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
The 2024 judicial reform represents a break with the model of organization and administration of two hundred years of mexican constitutional history, fundamentally due to the establishment of an unprecedented electoral process to elect judges of the thirty-three judicial branches of the mexican State. However, the constitutional change also addressed other important issues such as the elimination of the Federal Judiciary Council, and, in its place, the implementation of a Judicial Administration Body and a Court of Judicial Discipline. In this context, this paper analyzes the administrative and disciplinary bodies provided for in article 100 of Political Constitution of the United Mexican States are analyzed based on their integration, operation and powers highlighting some of the drawbacks of its institutional design stand out.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Henríquez San Martín, Sebastián
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
Between 2022 and 2023, two projects of a new Constitution were drafted and submitted to plebiscite in Chile. These drafts were created by different institutions, following different procedures. However, both were rejected by the citizens. This paper will analyze the formal reception of international human rights law in the aforementioned constitutional projects, understood as the process of incorporation and its hierarchy within the legal system. Likewise, the preliminary draft of the second constitutional project of 2023 will be addressed and, previously, a reference will be made to the current state of the formal reception in the 1980 Constitution. On the basis of this analysis, the constitutional proposals will be compared, certain criticisms will be made and a proposal for an article that could serve as an input for future debates on the subject will be presented.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Coelho Hernández, Anselmo
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
The essay presents a democratic defense of constitutional justice against the arguments of popular constitutionalism regarding its lack of origin democratic legitimacy, justifying the need of an unpopular judge in constitutional democracies. Thus, it also evaluates the risks associated with the imposition of a popular election mechanism to compose constitutional courts, using the Mexican judicial reform of 2024 as the case for study, emphasizing its impact on judicial independence of the Supreme Court. To conclude, it exposes some appreciations on how to adequately configure the system of constitutional judge selections, which reconciles legitimacy, independence and the search of an objective profile between constitutional judges.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Gómez Contreras, Laura Giovanna
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
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Año:
2025
ISSN:
2448-4881, 1405-9193
Carbajal-Camberos, Juan Pablo
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
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Año:
2025
ISSN:
2448-4881, 1405-9193
Chaires Zaragoza, Jorge
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
In the recent constitutional reform to the judiciary of September 15, 2024, a provision was added to its transitional articles that limits the jurisdictional authorities to making a literal interpretation in the application of the reforms, in such a way that they cannot make any type of analogous or extensive interpretation that intents to disapply, suspend, modify or render null and void its terms or its validity, whether in whole or in part. This restriction in the interpretation of constitutional norms has not attracted sufficient attention from the academic community and, much less, from society in general. However, it implies a legal problem of greatest importance that will have very serious repercussions on the application of law.
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Año:
2025
ISSN:
2448-4881, 1405-9193
de la Peña, Ricardo
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
The reform of the Judicial Branch in Mexico is not an isolated process nor the result of a hasty decision, but rather it is part of a strategy of change that seeks to dismantle the rule of law and undermine democracy. Presented as a necessary replacement of the entire judicial apparatus, given the formal power held by judges and magistrates, an exercise that seemed impossible was proposed, but which little by little was given space for its realization, with abuses and omissions of some and other powers and organizations with the intention of, beyond formalities, giving way to one of the most complex challenges that have been faced in the institutional life of the country. However, its concretion forces us to establish the limits to the exercise of power no longer from the legal, but from the political.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Pedraza López, Ángel
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
The reform to article 21 of the Constitution, published on December 31, 2024, establishes the foundations of the Security and Citizen Protection Ministry public servants to conduct investigations into criminal acts; this represents an opportunity for the Mexican state to fight impunity. The amendment to the constitutional text represents a first step in building capacities within the various security forces in the country. Investigations into criminal acts can be carried out provided the necessary human, material, financial, and technological resources are available. Strengthening the Executive Secretariat of the National Public Security System by assigning new tasks and responsibilities is one of the best options we have as a State to guarantee effective protection of the right to public safety for Mexicans. One of the challenges observed is related to implementation, a task that must be diligently promoted and subsequently evaluated in order to provide better opportunities for constitutional reform.
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Hecho en México, Universidad Nacional Autónoma de México (UNAM). 1997-2025.
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