Abstract

COSSIO D., José Ramón. First implications of the mexican supreme court's decision in the Radilla case. Cuest. Const. [online]. 2012, n.26, pp.31-63. ISSN 1405-9193.

This article focuses on the Mexican Supreme Court's landmark decision in the Varios 912/2010 case that declares a new model of constitutional adjudication in the Mexican legal system. Taking into account the relevant constitutional amendments on human rights and the "amparo" procedure as well as the emergency of the reception in the legal system of the Inter-American Court of Human Rights ruling in the Radilla Pacheco vs. Mexico case, the Supreme Court gives a foundational solution regarding how judges should enforce the principle of the supremacy of the Constitution. The author analyzes the implications of this major decision, that not only gives full recognition and binding effects to the Inter-American Court's rulings regarding Mexico, but it establishes a whole new decentralized model of constitutional adjudication and it expands the constitutional parameter on judicial review to include human rights provided by international agreements.

Keywords : Radilla; Inter-American Court; Supreme Court; constitutional adjudication; descentralized model; pro homine.

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