Abstract

SANCHEZ GIL, Rubén. Judicial precedent in Mexico. Constitutional basis and basic problems. Cuest. Const. [online]. 2020, n.43, pp.377-432.  Epub Dec 13, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.43.15189.

Though judicial precedent has been a figure with growing importance in Mexico during past decades-specially regarding constitutional law-, a traditional conception towards it persists. But in recent years, a closer to the Anglo-American tradition stance found its way into Mexican caselaw. Bringing elements from the said legal culture to Mexican law, this study asks for the constitutional grounds of judicial precedent in Mexico, and sheds new light upon its two main problems: the use of “thesis” and the binding effect of judicial holdings. Thus, it contributes to a fresh appraisal of the Mexican bench’s legal and political role that would give new value to judge-made law in this country.

Keywords : caselaw; case law; precedent; mexico; judicial branch; adjudication; binding effect.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )