TRANSITION FROM THE THESIS SYSTEM TO THE MANDATORY PRECEDENT

Abstract

Since 1994, the constitutional reforms aimed at modifying the structure and jurisdiction of the jurisdictional bodies that make up the Judicial Power of the Federation, have sought to consolidate the Supreme Court of Justice of the Nation as a Constitutional Court, either by equipping it with of jurisdictional powers devoted to the study of constitutionality review, the form of selection and election of the ministers that comprise it, eliminate or delegate its competence as a court of appeal or cassation and, in the most recent reform, grant recognition to determinations embodied in their sentences, giving it the character of precedent. The transition to the culture of precedent implies challenges and opportunities not only for the Mexican Supreme Court and the bodies that make up the Judicial Power of the Federation, but for all the participants in the administration of justice, whether as parties within the jurisdictional processes, or of those dedicated to the study of jurisdictional activity.