Abstract

GARCIA SARUBBI, David. The Difficult Relationship Between erga omnes Decisions in Constitutional Judicial Review and their Practical Consequences in Mexico. Cuest. Const. [online]. 2010, n.23, pp.61-83. ISSN 1405-9193.

This is a paper that aims to deepen in the national debate referring to the constitutional judicial review. If we take for granted the convenience of having a judicial power to review the merits of the enactments of the political branches, though the debate has not been settled, we face some new points that need to be discussed. Among those in our country, it is the effects of the decisions of the sort referred to when they might be the most far-reaching: when they are issued erga omnes. In Mexico this is the case when acting within "controversias" and "acciones de inconstitucionalidad" which according to Article 105 are to be solved with general effects with no retroactive effects save in criminal law. The main goal of this paper is the proving that the discussion of the convenience of retroactive effects in these processes is an essential one and that it depends directly upon the discussion of important issues of constitutional law such as the nature of the judicial power, of the judicial function and the roll of constitutional principles.

Keywords : Constitutional Law; Resolution's Effects; Constitutional Review; Retroactivity and Prospectivity; Constitutional Jurisdiction.