Guide to Foreign and International Legal Citations - New York ...

110
MEXICO
Estados Unidos Mexicanos (United Mexican States)
I. COUNTRY PROFILE (Civil Law)
Mexico is a democratic, federal republic, comprised of 31 states and the Federal District,
which comprises some of the metropolitan area known as Mexico City. The official language is
Spanish. Mexico’s legal system is based on the civil law tradition.
The Political Constitution of the United Mexican States (Constitución Política de los
Estados Unidos Mexicanos) was promulgated on February 5, 1917. It provides for separation of
powers, and guarantees personal freedoms and civil liberties. Governmental powers both at
federal and state level are divided between executive, legislative, and judicial branches.
Legislative power is vested in the bicameral Congress of the Union (Congreso de la
Unión, Congreso Federal or simply Congreso), which is composed of the Chamber of
Representatives (Cámara de Diputados) and the Senate (Senado, often cited Senado de la
República). The Chamber of Representatives has 500 members who are elected by the people to
three-year terms. 300 members are elected by majority vote and the remaining 200 members are
selected from political party lists on the basis of proportional representation. The Chamber of
Representatives has exclusive authority to approve the federal budget and review the annual
public account. The Senate has 128 members, elected to six-year terms. Sixty-four members are
elected by relative majority vote (i.e., to those candidates who win the most votes in their
respective districts), thirty-two seats members assigned by the first minority (i.e., political party
that finished second in vote preferences) and thiry-two members assigned on the basis of
proportional representation. The Senate has exclusive authority to ratify international treaties
signed by the President, declare the dissolution of local powers, and appoint ministers of the
Supreme Court of Justice.
All members of the Congress have an alternate, and incumbents may not be reelected
immediately following their term. The two chambers share authority to pass constitutional
amendments (together with local legislatures), enact federal legislation, initiate and prosecute
impeachment proceedings, and exercise concurrent control of the federal public administration.
Executive power is vested in the President (Presidente de los Estados Unidos Mexicanos).
The President is directly elected by the people, and can serve only one six-year term. The
President is empowered to freely select his Cabinet, and, with the consent of the Senate, to select
the Attorney General, diplomats, ambassadors, and high-ranking military officers. He also
presents a list of candidates to the Senate for positions on the Supreme Court of Justice. The
President is granted a quasi-legislative prerogative known as Facultad Reglamentaria which
allows him to enact regulations (Reglamentos) for the purpose of implementing or enforcing
federal law.
The Federal Public Administration includes the Departments of State (Secretarias de
Estado), which are under the direct supervision of the Executive; government-owned or
government-controlled companies (Administración Paraestatal); and certain Autonomous
Bodies (institutions that are not under the direct control of the Executive).
Judicial power is vested in the courts. The Supreme Court of Justice of the Nation is the
highest court. Its eleven members serve fifteen-year terms. The Supreme Court hears cases in
panels specialized by subject matter (Salas) or by sitting en banc. The Supreme Court hears only
cases that involve constitutional interpretation or that are of special interest to the nation.