Federalism As A Constitutional Technique

Abstract

Mexican federalism is involved in a series of principles that have determined our competences system between federation, states and municipalities. The constitutional principles that define it are not questioned because we consider them dogmas little less than religious. The authors start from a premise that in advance consider as “valid”, where the states must be sovereign and the municipality free because the Constitution consecrates it. However, these principles have been misunderstood and have been used as a political-legal subterfuge for impunity, which instead of serving as a limit to the central power, have prevented forging the necessary checks and balances in the states and municipalities. Mexican constitutionalism considered federalism as a constitutional technique, which could be adapted to any country regardless of the historical condition that had created it. However, in the present work we will try to show that Mexico does not have the necessary characteristics to be a federal system.