Abstract

RANGEL HERNANDEZ, Laura. La acción de inconstitucionalidad por omisión legislativa en la Constitución mexicana: Un avance en el acceso a la justicia constitucional. Cuest. Const. [online]. 2008, n.18, pp.201-226. ISSN 1405-9193.

Among the means of defense of the Constitution is the so-called "unconstitutionality by omission ", which purpose is to preserve the regularity of the legal system, specially in those cases that are caused by the legislative omission. It happens when the legislator doesn 't create the laws that he is supposed to, and this doesn't allow the constitutional norms to perform their efficacy. In the essay, is explored the notion of the legislative omission, is done a study of its regulation abroad and at some states of Mexico, and finally an analysis of some trial cases held at the Supreme Court; all these on behalf to obtain a general vision of this kind of defense of the Constitution.

Keywords : unconstitutionality; legislative omission; defense of the constitution; constitutional justice.

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