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Cuestiones constitucionales
Print version ISSN 1405-9193
Abstract
VADO GRAJALES, Luis Octavio. La jerarquía de las normas locales: Una lectura crítica de Eduardo García Máynez. Cuest. Const. [online]. 2008, n.18, pp.225-243. ISSN 1405-9193.
Hierarchy in the normative order, is a particularly relevant issue in the federal States. This is so in view of the fact that it involves several coordinated and hierarchical normative fields of influence, in which conflict may arise due to validity in spatial and material issues, which maybe reflected in decisions taken by the judges. In Mexico, one of the authors who has provided an important contribution for this analysis, is Eduardo García Máynez, who in his book Introduction to legal logic, supports the supremacy of federal over local norms, in part follo wing a possible reading from a text by Hans Kelsen. The present article undertakes an alternate reading from one of the explicit sources from this distinguished Mexican jurist, and using as well a document to contrast the text known as "The Federalist", with the purpose of sustaining a diverse relation between federal and local normativity.
Keywords : Constitution; federation; norm; supremacy of norms; hierarchy.