Resumo

CARDENAS GRACIA, Jaime. Hacia un cambio en la cultura jurídica nacional. Bol. Mex. Der. Comp. [online]. 2007, vol.40, n.119, pp.295-324. ISSN 2448-4873.

This autor supports a change in the national legal culture for Mexico to successfully complete its transition toward democracy. To do so he proposes adopting an argumentative vision of the law that is different from the current formalistic view; leaving behind traditional positivism; interpreting the law based on the Constitution; and recognizing that the Constitution contains various political and juridical projects. The author also believes that the Supreme Court of Justice should not be considered a Constitutional Court; that the role context plays in juridical interpretation should be recovered and that the reform of national institutions should be accompanied by a substitution of traditional legal culture. If there is no change in the culture and its institutions, Mexico will not attain full rule of law and a consolidated democracy.

Palavras-chave : Judicial Rule of law; Constitution; juridical models; Judicial Branch.

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