Constitutional reform on replacing the president of the republic is inconsistent
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Keywords

Federal executive
President of the Republic
Congress of the Union
General Congress of the United States of Mexico
Direct elections
Indirect elections
Supermajority or qualified majority
Relative majority or plurality
President in function

How to Cite

Garrido del Toral, A. (2014). Constitutional reform on replacing the president of the republic is inconsistent. Ciencia Jurídica, 3(6), 19–36. https://doi.org/10.15174/cj.v3i2.101

Abstract

In the year of 2012, Mexico’s Permanent Constituent Power approved several modifications to the substitution system in case of temporary or absolute absence of the Union’s Executive, this introduced new precepts that have filled legal voids we have had since 1917. For example, the Secretary of the Interior may become Acting President for a period of up to sixty days, in case of temporary or permanent absence of the President. Furthermore, if the Presidentelect should fail definitely to perform the Oath of Office, then the President of the Senate will take charge of the Executive. Finally, should the President elect be prevented perform the Oathof Office before the General Congress, the ceremony may take place before the chairs of both chambers, or if not possible, before the President of the Supreme Court of Justice. These are all fine, but in it is enthusiasm to reform (just like in the more recent modifications done on February the 2nd, 2014), the Permanent Constituent Power left a number of relevant points unclear. These points fail to literally answer several questions, which vulnerates the Mexican constitutional engineering as a whole.
https://doi.org/10.15174/cj.v3i2.101
PDF (Español (España))

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