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Responsabilidad Patrimonial Del Estado. Interpretación De La Scjn Del Artículo 113 Constitucional, Ana E. Fierro Ferraez, Adriana García García
Responsabilidad Patrimonial Del Estado. Interpretación De La Scjn Del Artículo 113 Constitucional, Ana E. Fierro Ferraez, Adriana García García
Ana E. Fierro Ferraez
Since the creation of the Federal Commission of Economic Competition,the free trade right, established in article 28 of the Mexican Constitution has become a constitutional right. It´s defense corresponds to the Federal Judiciary that has become a big challenge, how to guarantee the conditions of a free market so Mexicans can exercise their right to free trade? The present document, through the analysis of the relevant resolutions of the Court about free trade in the last 10 years, as well as the main precedents, seeks to be a guide of the new issues on free trade in Mexico and of …
The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras
The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras
Andrés Palacios Lleras
This paper engages in a inquiry into the roles that courts play within the legal system, given that judges are interdependent interpreters of legal rules that are boundedly rational and, arguably, politically biased. Contemporary authors claim that, although these two conditions play an important role in interpretation, contemporary theories in jurisprudence have not addressed them properly. Their assessments raise legal issues that are very significant; given the fact that judges are boundedly rational and tend to display political biases, how should they interpret legal rules? Is it best for them to interpret these rules in a formalist fashion, without resorting …
The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras
The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras
Andrés Palacios Lleras
This paper engages in a time-honored inquiry in American jurisprudence, an inquiry which continues to be invigorated by contemporary studies in Constitutional Law. It is an inquiry into the determinacy of the American Constitution as a legal text, taking into account that it was drafted and approved more than two hundred years ago with the purpose, arguably, to organize present and future political decision-making. Some contemporary authors claim that the discussion about the role of the Constitution is muddled, and that to acknowledge its authority does not necessarily entail a theory of constitutional interpretation. Furthermore, other authors have claimed that …