THE 1824 FEDERAL CONSTITUTION AND THE FUNDAMENTAL POLITICAL DECISIONS

Abstract

This work is an explanation of the evolution of fundamental political decisions in Mexican constitutionalism, based on the provisions of the Federal Constitution of 1824, under the premise that the legal forms and ideological principles are similar in the 1857 and 1917 constitutions, and what is transformed are their evaluative and interpretive scope, which are conditioned by a historical reality in which hegemonic political and economic actors determine their application. In this way, federalism, republicanism, representative democracy, the division of powers, human rights (individual guarantees), constitutional supremacy and the jurisdictional guarantee of the rule of law are reproduced in the aforementioned constitutional norms with similar wordings, Other concepts are added such as the secular State and the leadership of the State and state organizations are adapted to the constant increase in the complexity of society and the international community, as well as the ideological advance in which equality and freedom are the fundamental values in constitutional and democratic states of law. The work focuses on federalism as a fundamental political decision, which was frequently questioned in the first years of independence through rebellions and rebel or separatist plans, although the reflections on this are useful to understand the rest, except the evolution of secularism. and State-church relations, which was the other conflict that divided Mexican society until it was the main cause of the Reform War.