Defense of the Constitution in Mexico: A proposal for its update in electoral matters

Abstract

In the legal lexicon, the word Constitution is used to refer to the supreme law of a certain nation that recognizes the human rights of individuals and defines, structures, and regulates public powers. In this context, the objective of this work was to analyze the defense of the Constitution in Mexico, from the systematization of a proposal for its update in electoral matters. The methodology used was based on a qualitative descriptive approach, through which, first, the content and scope of the defense of the constitution is identified; then, we proceed to the description of the constitutional guarantees, for being of a post-positivist type, for the hermeneutic interpretation of the documents examined. The results account for: 1) The defense of the constitution has guarantees and procedural mechanisms; and, 2) the constitutional guarantees are diverse and create protections for human rights. It is concluded that the defense of the Constitution in Mexico is a characterizing element of federalism; However, it constitutes a limitation to the autonomy of the Federated States, since it submits the relations and distribution of powers to federal control, for this reason, it restricts the principle of sovereignty.