Abstract

GUZMAN ROBLEDO, María Teresa. Jurisprudential restriction to exercise the according interpretation clause (the case of the restriction contained in fraction XIII of section b of article 123 of the constitution). Derecho glob. Estud. sobre derecho justicia [online]. 2023, vol.8, n.24, pp.181-201.  Epub Aug 18, 2023. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v8i24.596.

The purpose of this research is to study from the perspective of Human Rights, the breach of the interpretation clause as enshrined in article 1 of the Constitution, by virtue of the jurisprudential determinations issued by the highest Court of the Mexican state, regarding the restriction contained in section XIII of article 123 of the Political Constitution of the United Mexican States.To demonstrate it, the hypothetical-deductive method and the interpretive method are used, which allow analyzing the legal phenomenon, its origin, determination and interpretation; the foregoing from the legislation, the legal doctrine and various rulings on amparo (as an empirical framework), which will allow studying the origin of the interpretation clause according to its hermeneutical tool "the pro person principle", the jurisprudential determinations and its scope, as well as the restrictions that have affected a specific sector, these being the Police, Public Ministries, etc.

Keywords : Constitution; reform; conforming interpretation; restrictions; hierarchy.

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