Principle of strict law
The Preliminary Title regulates in detail the regime of administrative bodies, taking as a basis the regulations contained in Law 30/1992, of November 26, 1992, which incorporates certain new features. The creation of new bodies may only be done after verifying that there is no duplication with the existing ones. The provisions on the bodies of the consultative Administration are completed and the regulation of the collegiate bodies is improved, particularly those of the General State Administration, highlighting the generalization of the use of electronic means so that they can be constituted, hold their sessions, adopt resolutions, prepare and send the minutes of their meetings.
The Law regulates the Ministries and their internal organization, based on the following bodies: Ministers, Secretaries of State, Undersecretaries, General Secretaries, General Technical Secretaries, General Directors and General Sub-Directors.
This Law includes functions of the Ministers which, until now, were scattered in other regulations or which were inherent to the exercise of certain functions, such as entering into contracts and agreements within the scope of their competence; authorizing budgetary modifications; deciding on the representation of the Ministry in collegiate bodies or working groups; rendering the Department’s account before the Court of Auditors; and resolving administrative appeals filed before the higher and executive bodies of the Department. The Law partially reorganizes the competences between the superior bodies, Ministers and Secretaries of State, and the executive bodies, Undersecretaries, Secretaries General, Technical Secretaries General and Directors General of the Ministries, attributing to certain bodies as their own certain functions which until now were usually delegated to them. And in order to make possible the management improvement measures proposed in the CORA Report, a new competence is attributed to the Undersecretaries: that of adopting and promoting measures aimed at the centralized management of resources and material means within the scope of their Department.
Article 103 and 107 of the Constitution summarize
I. For general norms, acts or omissions of the authority that violate the recognized human rights and the guarantees granted for their protection by this Constitution, as well as by the international treaties to which the Mexican State is a party;
Whenever the controversies deal with general provisions of the States or municipalities challenged by the Federation, of the municipalities challenged by the States, or in the cases referred to in paragraphs c), h) and k) above, and the resolution of the Supreme Court of Justice declares them invalid, said resolution will have general effects when it has been approved by a majority of at least eight votes.
a) – The equivalent of thirty-three percent of the members of the Chamber of Deputies of the Congress of the Union, against federal laws or laws of the Federal District issued by the Congress of the Union;
b) The equivalent of thirty-three percent of the members of the Senate, against federal or Federal District laws issued by the Congress of the Union or international treaties entered into by the Mexican State;
Article 107 of the Constitution
– Regime of political parties, individual ballots -list of candidates-; possibility of mergers and coalitions; principle of party self-regulation; mandatory periodic renewal of internal structures and party authorities.
– Political-partisan participation governed by the principle of parity -vertical and horizontal-, with the mechanism of alternation: all delegations, lists and even-numbered bodies shall be composed of 50% women and 50% men; and in odd-numbered bodies, the difference between the total number of men and women may not exceed one; two persons of the same sex may not be on the list consecutively -alternation- (Article 2 Electoral Code, Law No. 8765).
– Method of election of Deputies, Councilmen, District Councilmen and Municipal District Councilmen, by quotient, subquotient and greater residue -variant of the proportional system- (Article 201 of the Electoral Code).
– Method of election of Mayors, Vice-Mayors, Intendencies, Vice-Intendencies and Sindicaturas and their corresponding alternates, by relative majority in their canton and district, respectively (Article 202 of the Electoral Code).
Pursuant to Article 1 of the Amparo Law, which regulates Articles 103 and 107 of the Political Constitution of the United Mexican States, its purpose is to resolve any controversy arising from general norms, acts or omissions of authority that violate recognized human rights and the guarantees granted for their protection by the Political Constitution of the United Mexican States, as well as by international treaties to which the Mexican State is a party; However, its article 61 specifies the cases in which the amparo is inadmissible, as the reforms to the Political Constitution of the United Mexican States, although recently the Circuit Magistrate José Manuel de Alba de Alba, gave a lecture in which he explained how constitutional judges can ignore this rule, alleging that it is unconstitutional because it violates the principle of effective judicial recourse referred to in the American Convention on Human Rights.
This constitution was kind enough to include a project in article 53, elaborated by Manuel Crescencio Rejón, which expressed textually: “It corresponds to this court, the Supreme Court of Justice: 1º. To protect in the enjoyment of their rights those who request its protection against the orders of the Governor or the assembled Executive, when in them the Fundamental Code or the laws have been infringed, limiting itself in both cases to repairing the offense in the part that proceeds”.