Paradigmas teóricos a un siglo de la Constitución mexicana: Jerarquía, división y excepcionalidad de poderes
Two authors stand out as theoretical references in the Mexican Constitutional Law, Even without any historical recognition; their thoughts undoubtedly were present in the debate of the Mexican Constituent Assembly of 1917: John Locke and, mainly, Charles Louis de Secondant, collaborated in an active...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6622320 |
| Source: | Dikê: Revista de Investigación en Derecho, Criminología y Consultoría Jurídica, ISSN 1870-6924, Nº. 20, 2016, pags. 211-236 |
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| Summary: |
Two authors stand out as theoretical references in
the Mexican Constitutional Law, Even without any
historical recognition; their thoughts undoubtedly
were present in the debate of the Mexican Constituent
Assembly of 1917: John Locke and, mainly,
Charles Louis de Secondant, collaborated in an active
way for the structural composition of the constitutional.
First, one must examine the theory on
aspects such as: the division of powers that if analyze
in a critical way stablishes four assumptions:
homogeneous hierarchy, coordination among powers,
the State checks and balances, and finally, the
legality developed by the mentioned authors and
taking into account what has been theorized by
Carl Schmitt and Giorgio Agamben. Secondly, the
Constitutional postulates will be critically analyzed
under the themes mentioned above and using as
a measure the contrast between positive law and
legal dogma. |
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