Introduction Our current Mexican constitution was enacted in the city of Queretaro, on February 5, 1917 and came into effect the first of the next May. His immediate predecessor was the political and social movement emerged in Mexico since 1910, originally its main point was to end the dictatorship of Porfirio Diaz and capture in this constitution the act of no reelection.
After the Mexican revolution in 1910 it was necessary to come up with a new constitution since the working class and the peasants did not fit in the text of the constitution written in 1857. The Mexican constitution of 1917 is rigid, republican, presidential, federal, multiparty and nominal, since without the existence of a full agreement between the necessities of the constitutional norm and reality, there is hope that such agreement could be achieved.
The Constitution has 136 articles and , like most constitutions, consists of a dogmatic and organic part : the dogmatic part will state the individual guarantees and covers the first 28 articles , while the organic part refers to the type of government and governing bodies, the division and organization of the three powers ( executive, legislative and judicial), the powers of governance and distribution of powers between levels of government , among other important topics contained in Articles 30-136 , complementing the individual rights .
The division of the powers, is necessary in order to fight against absolutism and establish a government with guarantees, this has become the basic and main principal of the organization of the modern constitutional states. This division implies de separation of the state’s bodies into three different and independent groups, and each one is constituted that in a form, the different elements that form part of this compromise keep unit with each other and gives them a character of powers.
This separation of powers gives each power different functions, so that each one has an exclusive and primary function The Executive power It consist of one person, in this case the President of Mexico (Enrique Pena Nieto), he is elected in a direct, popular, secret and by majority. He last 6 years in office and can he can never be reelected. To become president of Mexico the candidate must meet the following requirements Be a Mexican citizen by birth Be 35 years old He must have lived in the country for a full year previous to its election He must not form part of any kind of cult.
He must not be active in the military service His main job or Its main function is to implement the laws passed by the legislature, in other words he has the power to organize the public administration in harmony with the constitutional laws . In order to do his job, he receives support from the Secretaries of State and other officials. It Is the Presidents job to: • Organize and direct policy and public administration, through the ministries and other agencies. • Endorse and enforce laws passed by Congress. • To appoint the secretaries of state.
• Direct foreign policy and conclude international treaties approved by the Senate. • Organize Congress into special session when the Standing Committee agrees upon it. • To assign the justices of the Supreme Court and judges of the federal courts. • Assign diplomatic agents and consuls general, with the Senate’s approval (Presidencia de la Republica, 2014) Legislative Power It has the power to make laws that govern the social life, it can also modify the existing laws in the opinion of the Mexican citizens.
In Mexico, the legislative power is vested in congress that is formed by a chamber of senators and the House of Representatives. The House of Representatives is composed of representatives that are elected every three years. In total there are 500 congress men. On the other hand we have the Senate; there are two representatives from each state and two for the Federations District (El Distrito Federal) that gives a total of 64 senators appointed by direct election every three years.
These chambers are formed by Mexicans citizens whose jobs are to represent the people with politics and the planning and passing of laws. House of Representatives Its main and exclusive faculties are the following: • Discuss and approve the spending budget of the federation. • To constitute itself as the Electoral College to exercise powers with respect to the election of President. The Senate Its main and exclusive faculties are the following Approve international treaties. Approve the appointment of the justices of the Supreme Court of Justice.
Admit new states into the federation. Resolve any conflict between the three powers Military material Revise the foreign policy The actual government (PRI) has made a slight modification in the constitution, regarding on how many women are allowed to take part in the legislature power. This new law has opened up the opportunity for woman because it represents that a greater number of women will occupy a place in the Congress in Mexico, from September 1 2012, congress by law has to have 183 female deputies, 5. 4% more than the previous term. (CNN Mexico, 2012) The judicial Power.
The judicial power, as its name indicates, makes sure that the law is obeyed it is also in charge of justice in the country. This means that its members, judges, magistrates, and its civil code work as mediators for legal conflicts and interests of Mexican citizens, as well as deciding when an individual has violated the rules of this country, and impose a sentence relative to the offense. To determine when an action is outside the law, the representatives of this power are based on both the Constitution of the country, and the individual codes.
The proper exercise of judicial power is particularly important in establishing the rule of law because, as the German philosopher Immanuel Kant says, in committing a crime, the criminal not only affects people directly involved in the crime, but puts at risk the entire social and legal organization of which he is a part, and therefore opens the doors to its own rights being violated. This is the reason why no crime should go unpunished. In addition to the penalties that are imposed the judiciary should also work on restoring the harmony that was broken by any crime committed.
In Mexico, the Supreme Court, the electoral tribunals, the Collegiate and Unified, plus the District Courts, which are organized both territories, the States which specialized civil, criminal, administrative and commercial matters all form part of the judicial power . The judicial branch members are the only members of the three branches of government that are not elected by a popular vote. The members of the Supreme Court, which is the highest court in Mexico, are directly chosen by the President to the Senate, who can approve or reject any candidate in case he doesn’t consider them suitable for this post.
(poder de justicia) Conclusion It is important that the government be dived in this three different powers in order to maintain an balance in power. This way all the power doesn’t relay in just one person. Enrique Pena Nieto, our actual president exercises the executive and must govern according to what the law says. On the other hand, like mentioned before, we have The Legislature who is responsible for developing the laws that govern our country.
Finally, but not without any less power, we have the judiciary who responsible of ensuring that the laws stated in Constitution are met to resolve conflicts that arise between the Mexican citizens.
- CNN Mexico. (2012, agust 2). Retrieved may 2014, 2014, from http://mexico. cnn. com/nacional/2012/08/02/las-mujeres-aumentan-su-participacion-en-el-nuevo-congreso-mexicano poder de justicia. (n. d. ). Justica.
- Retrieved may 8, 2014, from http://www. justicia. gob. mx/pjf/ Presidencia de la Republica. (2014). Presidencia. Retrieved may 8, 2014, from http://www. presidencia. gob. mx/.