CEU Electronic Theses and Dissertations, 2021
| Author | Ramirez, Tania |
|---|---|
| Title | Viability of Judicial Review of (Un)Constitutional Amendments in Mexico: Lessons from Colombia |
| Summary | For decades the Mexican Supreme Court have been emphatic: constitutional amendments are not subject of judicial review due to lack of authority. Using comparative perspective, this thesis proposes theoretical and practical arguments to enable judicial scrutiny of constitutional amendments in Mexico, based on the unconstitutional constitutional amendment theory and its implementation in the case of Colombia. Although both countries have similar mechanisms to protect the constitution, its Courts have different criteria about the same phenomenon. The Colombian Constitutional Court struck down constitutional amendments developing the constitutional replacement doctrine. In contrast, the Mexican Supreme Court has refused to conduct judicial scrutiny. The unconstitutional constitutional amendment doctrine has explored the arguments provided by the Mexican Supreme Court to denied the possibility to conduct judicial review on constitutional amendments: amendment and constitutional replacement, constituent and constituted power, and democratic theory and judicial review. It explores how those theoretical elements were clarified by the doctrine and have been used by the Colombian Court with the aim to overcome the concerns expressed by the Mexican Court. |
| Supervisor | Ruiz-Chiriboga, Oswaldo |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2021/ramirez_tania.pdf |
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