Abstract

CAMARENA GONZALEZ, Rodrigo. Ratio decidendi from a mexican perspective. Probl. anu. filos. teor. derecho [online]. 2022, n.16, pp.39-68.  Epub Mar 21, 2023. ISSN 2448-7937.  https://doi.org/10.22201/iij.24487937e.2022.16.17027.

In March 2021, the Mexican Constitution was amended to transition to a system of precedents. This amendment mandates that the "reasons" of Supreme Court rulings will be binding on the lower courts. However, the reform is rooted in a long-standing practice of case lawdoctrine, e.g., abstract statements the Court itself makes when deciding a case. Moreover, there is no consensus as to what these reasons are and why they should be binding. The objective of this article is to identify the possible notions of reasons to explore the Court's different roles in shaping judicial law. Concepts of the common law ratio decidendi are used as an insight to identify four models of law making in Mexican practice, namely: judicial legislation, implicit rules, moral-political justifications and social categories. Although the first model seems to prevail, the others offer a broad understanding of how the Court creates law depending on the interpretative context in which it operates.

Keywords : Precedent; Jurisprudential Theses; Ratio Decidendi; Rules; Reasons; Categories.

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