Abstract

COSSIO DIAZ, José Ramón  and  LARA CHAGOYAN, Roberto. Either Human rights or infallible precedents?. Cuest. Const. [online]. 2015, n.32, pp.81-109. ISSN 1405-9193.

The new model of constitutional adjudication and the advent of the so called “constitutionalist paradigm” demand quite a few adjustments in the Mexican legal system, both in the legislative field as in the judicial one. The “pro personae” principle must compel and inspire these changes. In this paper we will demonstrate how the Supreme Court of Justice has not been consistent at the time of expounding this important principle through judicial review. Unless we think that the Supreme Court is infallible, we do not find a reason that justifies this position. We cannot admit, either, that the Supreme Court is impermeable regarding the “pro personae” principle. In this paper, we reflect upon these issues by analyzing the recent decision in the C.T. 299/2013 (conflict in jurisdictional criteria).

Keywords : “pro personae” principle; ex officio control; constitutional regularity; jurisprudence; juridical norm; legislative disposition; normative sentence; non-application; human rights; constitutional paradigm; interpretation; analogy; infallibility.

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