Abstract

MURIA TUNON, Arnau. Crítica a las resoluciones de la Corte con respecto a la jerarquía constitucional de los tratados internacionales. Anu. Mex. Der. Inter [online]. 2008, vol.8, pp.553-585. ISSN 1870-4654.

The Supreme Court of Justice has held for Mexico the preemption of the international treaties over all the other internal sources of law except for the Federal Constitution. Although the afore decision is due to the recognition of the "globalization" phenomenon, that must be tackled somehow. It is considered that the holding adopted by the Supreme Court is a mistake both regarding its argument, since it departs from a series of fake assumptions, and regarding its results, since they entail a risk for some hazardous effect for our political and constitutional order. The Court had within its reach other reasoning that would have permitted to solve the issues that it intends to save but with a more congruent reasoning and less risk of constitutional turmoil.