Rule of Law in Mexico: Fact Or Fiction?

Rule of Law in Mexico: Fact Or Fiction?
Author: Naval War Naval War College
Publisher: CreateSpace
Total Pages: 24
Release: 2014-07-05
Genre:
ISBN: 9781500422127

To enhance the Rule of Law, Mexico has attempted to significantly change its entire system of laws, by moving towards a more transparent justice system, more akin to the open adversarial system possessed by the United States than the closed inquisitorial system employed for most of the 20th century in Mexico. Unfortunately, these constitutional, legislative and professional reforms made to the Mexican justice system, while a step in the right direction, have not yet yielded the desired effect of vastly improving the Rule of Law. This book analyzes key areas of the Mexican justice system and compares them to internationally accepted standards relating to the Rule of Law. Next, recently enacted reforms to the Mexican justice system are reviewed in order to determine whether these initiatives have had a significant effect on improving the system of justice in Mexico. Finally, the book makes recommendations on the way ahead for Mexico in its journey to obtain stability through adherence to the Rule of Law. Ultimately, it is the author's contention that the current efforts to reform Mexico's legal system have inadequately addressed the most significant issues relating to the establishment of a fair and just legal system in Mexico.

A Mexican Utopia

A Mexican Utopia
Author: Luis Rubio
Publisher:
Total Pages: 149
Release: 2015
Genre: Free trade
ISBN: 9781938027970

Judicial Politics in Mexico

Judicial Politics in Mexico
Author: Andrea Castagnola
Publisher: Routledge
Total Pages: 191
Release: 2016-11-03
Genre: Political Science
ISBN: 1315520605

After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

The Missing Reform

The Missing Reform
Author: Viridiana Ríos
Publisher:
Total Pages: 257
Release: 2018
Genre: Mexico
ISBN: 9781938027765

"...This is not the first time in which magnificent reforms on paper have become diluted policies. By 2016, Mexico was supposed to have finished implementing a historical transformation of its judicial system,shifting trials from inquisitorial to adversarial procedures. This transformation, approved in 2008, was meant to apply, among other innovations, oral trials, mediation, and mechanisms of alternative justice. As of now, implementation is far from a reality since only four out of 32 states were able to fully implement the adversarial judicial system by 2016 (Proyecto Justicia 2016)." -- from introduction.

Rule of Law and Fundamental Rights

Rule of Law and Fundamental Rights
Author: Alfredo Narváez Medécigo
Publisher: Springer
Total Pages: 275
Release: 2015-11-07
Genre: Law
ISBN: 3319245627

This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

Rule By Law

Rule By Law
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 392
Release: 2008-05-08
Genre: Law
ISBN: 9780521720410

Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.

The Rule of Law

The Rule of Law
Author: John Lescroart
Publisher: Simon and Schuster
Total Pages: 432
Release: 2019-01-22
Genre: Fiction
ISBN: 1501115758

Attorney Dismas Hardy is called to defend the least likely suspect of his career: his longtime, trusted assistant who is suddenly being charged as an accessory to murder in this instant New York Times bestseller from “the undisputed master of the courtroom thriller” (The Providence Journal). Dismas Hardy knows something is amiss with his trusted secretary, Phyllis. Her strange behavior and sudden disappearances concern him, especially when he learns that her convict brother—a man who had served twenty-five years in prison for armed robbery and attempted murder—has just been released. Things take a shocking turn when Phyllis is suddenly arrested for allegedly being an accessory to the murder of Hector Valdez, a coyote who’d been smuggling women into this country from El Salvador and Mexico. That is, until recently, when he was shot to death—on the very same day that Phyllis first disappeared from work. The connection between Phyllis, her brother, and Hector’s murder is not something Dismas can easily understand, but if his cherished colleague has any chance of going free, he needs to put all the pieces together—and fast. A whip-smart, engrossing novel filled with shocking twists and turns, “The Rule of Law is vintage Lescroart, drawing on parallels between real-life and hot-button issues while also providing top-notch entertainment” (The Real Book Spy).

Two Nations Indivisible

Two Nations Indivisible
Author: Shannon K. O'Neil
Publisher: Oxford University Press
Total Pages: 260
Release: 2013-03-18
Genre: Political Science
ISBN: 0199898340

Five freshly decapitated human heads are thrown onto a crowded dance floor in western Mexico. A Mexican drug cartel dismembers the body of a rival and then stitches his face onto a soccer ball. These are the sorts of grisly tales that dominate the media, infiltrate movies and TV shows, and ultimately shape Americans' perception of Mexico as a dangerous and scary place, overrun by brutal drug lords. Without a doubt, the drug war is real. In the last six years, over 60,000 people have been murdered in narco-related crimes. But, there is far more to Mexico's story than this gruesome narrative would suggest. While thugs have been grabbing the headlines, Mexico has undergone an unprecedented and under-publicized political, economic, and social transformation. In her groundbreaking book, Two Nations Indivisible, Shannon K. O'Neil argues that the United States is making a grave mistake by focusing on the politics of antagonism toward Mexico. Rather, we should wake up to the revolution of prosperity now unfolding there. The news that isn't being reported is that, over the last decade, Mexico has become a real democracy, providing its citizens a greater voice and opportunities to succeed on their own side of the border. Armed with higher levels of education, upwardly-mobile men and women have been working their way out of poverty, building the largest, most stable middle class in Mexico's history. This is the Mexico Americans need to get to know. Now more than ever, the two countries are indivisible. It is past time for the U.S. to forge a new relationship with its southern neighbor. Because in no uncertain terms, our future depends on it.

Mexico's Unrule of Law

Mexico's Unrule of Law
Author: Niels Uildriks
Publisher: Lexington Books
Total Pages: 333
Release: 2010-04-02
Genre: History
ISBN: 0739128949

Mexico's Unrule of Law: Human Rights and Police Reform Under Democratization looks at recent Mexican criminal justice reforms. Using Mexico City as a case study of the social and institutional realities, Niels Uildriks focuses on the evolving police and justice system within the county's long-term transition from authoritarian to democratic governance. By analyzing extensive and penetrating police surveys and interviews, he goes further to offer innovative ideas on how to simultaneously achieve greater community security, democratic policing, and adherence to human rights.