JUDICIAL ACTIVISM IN SENTENCES TO LEGALIZE MARIJUANA IN MEXICO

Abstract

The legalization of the drug known as “marijuana” in Mexico, is an issue that can be appreciated from different areas such as social, political, economic, health, national security, among others. However, upon entering the field of law, this issue needs to be resolved from the legal interpretation in itself, yet it, the Supreme Court of Justice of the Nation (S.C.J.N.) has been delivered from a more political stance and consequently the sentences of a vitiate judicial activism. Therefore, the objective of this research is to analyze this phenomenon activist in regard to the judgments of the S.C.J.N., where their reasoning is made with the objective of satisfying more public interest and economic development, without really exist a certainty of law. Therefore, the methodology used for this research constitutes the theoretical analysis and documentary of judicial activism in the rulings of the S.C.J.N. relating to the legalization of marijuana, also, is reviewed the problem from a legal perspective, in accordance with the qualitative and quantitative methods. In this way, the work begins with the introduction and then systematizes in three thematic areas; in the first paragraph sets out the theoretical and conceptual part of judicial activism, where different positions are reviewed. In a second section, describes the problem of drugs in Mexico in relation to the legalization of marijuana, while at the same time examines their significance and importance. In a third and last paragraph, he examines the judicial activism in the judgments to legalize marijuana in Mexico, reviewing for this, various pronouncements of the S.C.J.N. and finally, presents conclusions relating to the findings obtained in the investigation.