Constitutional Jurisprudence by Precedent in Mexico: Challenges And Proposals

This paper is aimed at making a critical analysis of the Jurisprudence in Mexico, with emphasis on the new modality of creation of Jurisprudence by the system of precedents, established by means of a reform to the Political Constitution of the United Mexican States, published in the Official Gazette of the Federation, on March 11, 2021 (DOF, 2021); with the purpose of highlighting the challenges that arise from this new form of creation of constitutional jurisprudence, in the face of the consolidation of the paradigm of the Constitutional and Conventional State of Law. Specifically, a series of arguments will be established regarding the possibility that the jurisprudence approved by the Supreme Court of Justice of the Nation (SCJN) has general effects for all the authorities of the country within the scope of their respective competences, and not only for the judicial authorities. Therefore, the analysis and development of this text will be done under the case study method, and the corresponding analysis and interpretation of the constitutional and legal framework that regulates the jurisprudence in Mexico (exegetical method).