Abstract

ENRIQUEZ SOTO, Pedro Antonio. Interpretation according to the constitution and its impact on mexican judges. Cuest. Const. [online]. 2015, n.32, pp.111-139. ISSN 1405-9193.

Historically, the Federal Judicial Branch has annulled the diffuse constitutional control. It came to light again as a result of the permanent legislature’s decision; this reappearance is linked to issues related to human rights, creating myriad challenges and vicissitudes for judges in the Country. At the outset, there is null judge’s experience related to the interpretation of the constitution’s text; and, there is a deeply rooted line of thought, the iuspositivism. This shift requires judges to bring up to date their knowledge related to procedural constitutional law, in this way they will be able to evolve from an ordinary judge to one who will guarantee constitutional supremacy. The principle of interpretation according to the Constitution and other principles that are presented in this paper are essential to guide judges as well as human rights advocates. The understanding of those principles will help to avoid the emergence of an unarticulated judicial activism that may lead to the application of the diffuse constitutional control as a way to strike down any norm.

Keywords : constitutional control; human rights; interpretation according to the constitution; presumption of constitutionality; constitutional interpretation; legal argumentation; concentrated control; diffuse control; mexican judiciary.