EFFECTIVE PROTECTION OF THE DUE PROCESS GUARANTEE IN THE MEXICAN CONSTITUTIONAL STATE OF 1917

Authors

  • José Luis LEAL ESPINOZA

Keywords:

judicial activism, Mexican Constitution, due process

Abstract

The present study tries to establish a discursive line between the federal justice systems as pillars of the Justiciability of the Mexican constitutional state in light of the historical-descriptive method poured from the 1919-1920 protection law with an eminently qualitative methodological approach. The procedural acts tending to the protection of fundamental rights can be subjected to the scrutiny of the amparo trial since then and until today, through the procedures of the so-called guarantee trial, a designation that, by the way, is not adequate, since this last designation confuses the end with the means. The Political Constitution of the United Mexican States currently designates the amparo trial, and this means, on the one hand, that it is a trial in its procedural sense, that is, a particular procedure contemplated in the aforementioned supreme law. , and developed in the respective law of the matter or law of amparo; but on the other hand, it means that it is a judgment as a pronouncement or resolution related to the scrutiny process, on the origin or not of the amparo as constitutional protection.

Author Biography

José Luis LEAL ESPINOZA

Doctor in Constitutional Law and Fundamental Rights in Europe from the University of Alicante, Spain. Full-time Research Professor at the Faculty of Jurisprudence of the Autonomous University of Coahuila. Coordinator of the Doctorate in Law at the UAdeC in collaboration with the University of Alicante. Full member of the Ibero-American Institute of Constitutional Studies (IBEC) Spain.

Published

2022-04-01

How to Cite

LEAL ESPINOZA, J. L. . (2022). EFFECTIVE PROTECTION OF THE DUE PROCESS GUARANTEE IN THE MEXICAN CONSTITUTIONAL STATE OF 1917. RIDP REVISTA INTERNACIONAL DE DERECHO PÚBLICO - ISSN 2954-3924, 1(2), 71–84. Retrieved from https://ridp.udem.edu/revista/index.php/dp/article/view/31