Revista Mexicana de Historia del Derecho

Revista completa

Revista Mexicana de Historia del Derecho — 2025-05-05

Preliminares

Revista Mexicana de Historia del Derecho — 2025-03-03

Editorial

Revista Mexicana de Historia del Derecho — 2025-03-03

Law and Revolution: Carlos María de Bustamante and other jurists in the Independence of Mexico

Oscar Cruz Barney — 2025-02-25

During the war of independence in Mexico, the figures of many renowned heroes stand out in popular history, such as José María Morelos y Pavón, Vicente Guerrero or Ignacio Allende, to mention just a few. However, alongside them and on the front line of events there were also prominent jurists who in various ways contributed from their trenches to the independence effort. This article is therefore a journey into the past of independent Mexico to exalt the figure of those lawyers.

Exemplum and genera causarum: rhetoric and didactics in three New Spain documents from the 17th century

Ramón Manuel Pérez Martínez — 2025-02-25

Based on the classical genera causarum theory, we could see that three types of religious discourse used to employ examples as arguments in the seventeenth century in New Spain: in humble-style sermons, some of whose pieces can be considered deliberative discourses dedicated to persuaded his audience of the need to cultivate Christian virtues as well as to banish vices; in chronicles of religious orders, where the examples fulfilled the function of providing evidence to a panegyric speech, praising the order and its members; and, finally, the treaties for the extirpation of idolatries, punitive and persecutory speeches that always involved the determination of a fault and a guilty party.

Brief case history of an indirect amparo trial in Mexico granted for violations in the procedure for amendments to the federal Constitution

Luis Bourguet — 2025-02-25

The constitutional organization of the Mexican State that emerges as the Magna Carta has different objectives, such as: democratizing the exercise of power, establishing a system of counterweights, the distribution of powers to the authorities of the State, enabling the coexistence of the supreme power of the Federation institutions and foster institutional exercise the legal certainty for citizens and the institutions. The study of the case referred to in this work: “the only indirect Amparo in Mexico awarded violations in the procedure of amendments to the Federal Constitution” is justified at the rate of two ideas, the first that the subject is itself a precedent unprecedented and unique in Mexico and the second because it leads to the debate regarding the mechanism of control of the constitutional reforms in Mexico. Both of these reasons are developed from the perspective of the constitutional organization of the Mexican State, thus focusing on the constitutional system of additions and/or reforms that regulates the fundamental source in his article 135, a mechanism that to this day the Supreme designated as exclusive attribution of the Permanent Constitutional Assembly.

Mexican legislation and discrimination against the Chinese (1899-1930)

Jesús Modesto Alvarez Estrada — 2025-02-25

Immigration, understood as a phenomenon inherent to the capitalist production model, has been a constant throughout history. The migration of disadvantaged social sectors to substantially improve their living conditions has been an event historically present in all regions of the world. However, with it also comes discrimination, intolerance and hatred. In this sense, this article aims to analyze the particular case of discrimination towards groups of Chinese in Mexican territory, exploring along the way how Mexican legislation was complicit, by omission, in terrible acts of hatred against the Chinese population.

Sources of contemporary constitutional democracy in the rise and fall of the Weimar Constitution of 1919

Alam Tinajero — 2025-02-25

The subsequent analysis aims to identify the conceptual development of constitutional democracy within the legal-political conjuncture marked by the Weimar Constitution, highlighting the necessary legal conditions for the affiliation of the Constitution to the theoretical model, the constitutional tensions for which originated its rupture before national socialism, in addition to reviewing the reasons why these events constitute an international example, from which it is justified that the consensus of the masses can no longer be the only source of legitimization of power.