INCLUSIVE LEGAL POSITIVISM AND THE JUDICIAL CREATION OF GENERAL LEGAL NORMS THROUGH PRECEDENTS IN MEXICO

Abstract

This study uses the documentary and analytical method, through an hermeneutic technique, to explore how the procedural methodology of constitutional Article 1 is a matter of knowledge of Procedural Constitutional Law as a science for leading-landmark cases in the Mexican procedural system, because it attends to the question: Can the theory of inclusive legal positivism permeate the judicial creation of general legal norms through precedents? Question that cannot be resolved from legal positivism because it cannot explain the functioning of contemporary constitutional systems; hence the importance of the study, since its application is relevant because it offers a kind of jurisdictional guarantee of human rights or procedural guarantee of these by decentralizing the judicial function of the State. From this analysis, the importance of the professional career service that allows having mechanisms aimed at establishing the requirements for the leading-landmark cases in terms of the greater protection of people in the Mexican legal system and the importance of Procedural Constitutional Law as a science can be deduced.