Constitutionalization of International Law of the Human Rights and the Limitation of its Scope Through the Constitutional Interpretation in Mexico
The article is an account of the incorporation made by International Law of the Human Rights through the constitutional recognition in the case of Mexico and how it has been accompanied by the interpretation that the constitutional court of said country has made of its meaning and scope. For the aut...
| Autor: | |
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| Formato: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | México |
| Recursos: | UNIVERSIDAD NACIONAL AUTÓNOMA DE MÉXICO |
| Repositorio: | Boletín Mexicano de Derecho Comparado |
| Idioma: | español |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/13257 |
| Acesso em linha: | https://revistas.juridicas.unam.mx/index.php/derecho-comparado/article/view/13257 |
| Access Level: | acceso abierto |
| Palavra-chave: | International Law of Human Rights Constitutional Incorporation Constitutional Court Interpretation of Constitutional Laws derecho internacional de los derechos humanos incorporación constitucional tribunal constitucional interpretación de normas constitucionales |
| Resumo: | The article is an account of the incorporation made by International Law of the Human Rights through the constitutional recognition in the case of Mexico and how it has been accompanied by the interpretation that the constitutional court of said country has made of its meaning and scope. For the author, instead of clarifying the content of the constitutional amendment, the Supreme Court of Justice of the Nation has made several interpretations which do not clarify its sense for the jurisdictional work and, to that extent, it makes it application difficult, and another interpretations limiting its scope, contrary to the pro-person principle recognized as the interpretation keynote in the constitutional framework. Departing from the idea that the integration made by the Mexican Constitutional Court determines the sense of the interpretations made, the author goes forward and states that in the near future progressive decisions will not be made in relevant human rights matters. |
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