Abstract

SOBERANES FERNANDEZ, José Luis. 1808: Beginning of the mexican constitutionalism. Bol. Mex. Der. Comp. [online]. 2011, vol.44, n.131, pp.735-782. ISSN 2448-4873.

In 1808, when the kings of Spain were captured and kept in France by Napoleon, in Mexico the viceroy Iturrigaray summoned a Junta in order to propose the measures required. This situation was favorable to update the popular sovereignty principle. Since the Spaniard kings were not able to exercise it, this had reversed to the people, in accordance with the proposal made by Francisco Primo de Verdad y Juan Francisco Azcárate, together with the rest of Mexico City's municipal corporation (Cabildo). The peninsular Spaniards (the "gachupines") opposed radically to the Mexican born Creoles in suchaway that they promoted acoup d'état that finished with the deposition of Viceroy Iturrigaray and the incarceration of the main Creoles leaders. In this work, the author studies these facts, posing that them, as well as the theses made by the members of Mexico City's Cabildo, are the origin of Mexican constitutionalism.

Keywords : liberal and democratic of law State; popular sovereignty; independence; constitutionalism; Francisco Primo de Verdad.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )