Claudia Sheinbaum's Presidential Promise: "I won't fail you."

Claudia Sheinbaum Elected as Mexico’s First Female President: A Historical Milestone

Claudia Sheinbaum has been elected as Mexico's first female president in a historic landslide win. She will replaced her mentor, outgoing President Andrés Manuel López Obrador on October 1, 2024.

Sheinbaum's victory is a tremendous win for women, and a step towards gender equality and human rights. The world watches as Sheinbaum prepares to take her next steps. With all eyes on Claudia, questions arise over whether she will continue the political course set by her populist predecessor, which initiatives she will move forward in Mexico's check and balance system, and which reforms might she make to the Mexican Constitution affecting private property ownership.

Sheinbaum's victory is a tremendous win for women, and a step towards gender equality and human rights.

The answer to these questions can be found in her victory speech, in which she highlighted what set this Mexican election apart from previous ones. She told cheering voters: "For the first time in 200 years of the Mexican Republic, I will become the first woman president of Mexico." She emphasized that her achievement is not just for her but for all women. "I've said it from the start, this is not just about me [getting to the top office], it's about all of us getting here." She added, "I won't fail you."

"For the first time in 200 years of the Mexican Republic, I will become the first woman president of Mexico." She emphasized that her achievement is not just for her but for all women .... I won't fail you." -Sheinbaum

For now, we consider Mexican law as it stands today and observe Sheinbaum's presidency to see how Mexico will navigate this new era of female leadership. Cheers to Claudia for her victory and for inspiring women around the world. Cheers to Claudia for protecting all citizens and foreigners living and working in Mexico, and for prioritizing human rights, including individual protection and access to vital resources like water.

The Mexican Legal System: A Quick Guide

Today's legal system of Mexico is the result of many unique social, racial, political, religious, and economic historical factors that have shaped the nation. Mexico's legal system stems from the Civil Law Tradition due to its historical association with Spain. It is important to understand this tradition to understand the Mexican legal system. The Civil Law Tradition is the oldest and most widely used legal tradition in the world, developed in the Italian universities of the Renaissance when Roman law was rediscovered.

Important historical contributors to the Mexican legal system include Roman law, canon law, and medieval commercial law. Roman law influenced many aspects, including family, inheritance, property, and contracts. Canon's law influence is seen mainly in family law and succession, criminal law, and the law of procedures. Medieval commercial law is most evident in modern civil law tradition and commercial codes.

The Civil Law Tradition is the oldest and most widely used legal tradition in the world.

Secular natural law and secular popular law contribute significantly to public law areas, evident in constitutional law, administrative law, and the judiciary. The civil law tradition divides the law into private law (legal relationships between individuals) and public law (legal relationships between individuals and the state).

The roots of the Mexican legal system trace back to 16th-century Spanish law and pre-Columbian indigenous law. Spain ruled over Mexico for over 300 years, leaving a significant mark on the legal system. The Aztec Empire's advanced indigenous legal system influenced Spanish colonial laws. The Spanish Crown retained indigenous laws that did not conflict with Spanish customs or Church doctrine while introducing its own laws and institutions.

Before Mexico achieved its independence, Spanish law was dominant, particularly in private law areas like commerce, property, family inheritance, and obligations. In public law, indigenous and colonial-specific laws were comprehensive and served as major sources of law for Colonial Mexico. Several codifications of these laws were attempted, resulting in notable compilations such as as the "Cedula de Puga (1556)," "Nueva Recopilacion (1567)," "Codigo Ovandino (1571)," "Recopilacion de Leyes de las Indias (1680)," and "Novisima Recopilacion (1805), and the "Ordenanzas de Bilboa (1737), which concerned private law matters and became the commercial code and was used in Mexico even after Independence.

The roots of the Mexican legal system trace back to 16th-century Spanish law and pre-Columbian indigenous law.

The movement towards Mexican Independence started in 1810. In 1814 the Constitution of Apatzingan was issued. Although this constitution never came into effect, many ideas it expressed served as a model for future changes. The Apatzingan Constitution incorporated secular natural law and secular positive law which were the product of the revolutions that took place in the Western World in the 18th and 19th centuries beginning with the American Revolution. The American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen are prime examples of the new 18th and 19th century political philosophy. Nationalistic fervor also formed part of the new political philosophy.

The 1824 Constitution came after independence in 1821. This constitution established a Federal Republic, division of powers, recognition of self-determination, the equality of all citizens before the law, the principle of innocent until proven guilty, freedom of expression and of the press, the abolition of special privileges for the clergy and military, the agarian reform, and the protection of private property.

The American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen are prime examples of the new 18th and 19th century political philosophy.

The 1824 Constitution was never applied strictly because of internal armed conflict between the conservative and liberal elements of the newly independent Mexican nation. In 1857 a new constitution was adopted which was drafted by the liberal elements who had ascended to power. The most important contribution of the 1857 Constitution was the writ of "amparo." The 1857 Constitution survived a civil war and the French intervention of 1862. However, it was not until after the triumph of the 1910 Mexican Revolution that the 1857 Constitution was replaced by the current Mexican Constitution of 1917.

Article 27 of the 1917 Constitution addresses land, water, and resource ownership, aiming to break up monopolies held by a privileged few. The Constitution also includes significant labor protections under Article 123, covering workers' rights, compensation, and labor management relations.

The first paragraph of Article 27 gives the nation original ownership "of the lands and waters within the boundaries of the national territory." Paragraph 1 also gives the nation "the right to transmit title thereof to private persons, thereby constituting private property." Article 27 goes on to grant the nation the power to expropriate private property by indemnification for reasons of public utility and "to ensure a more equitable distribution of public wealth." Paragraph three states that "the Nation shall at all times have the right to impose on private property such limitations as the public interest may demand." Paragraphs 4 and 5 give the nation direct ownership of all subsoil resources.

The most important contribution of the 1857 Constitution was the writ of "amparo."

Property rights of foreign citizens and foreign corporations are covered by Section I of Article 27. In part, Section I states that foreigners must agree to submit themselves to Mexican law, “and bind themselves not to invoke the protection of their government in matters relating thereto” to be able to acquire property and mining concessions. In case of noncompliance by foreign citizens and foreign corporations, their property or mining concessions are forfeited to the nation. Foreign ownership of real property is further limited by the last sentence of Section 1. This sentence states that “under no circumstances may foreigners acquire direct ownership of lands or waters within a zone of one hundred kilometers along the frontiers and of fifty kilometers along the shores of the country.” There are ways of getting around these restrictions by use of the long-term trust, but that is beyond the scope of this article.

Constitutional Article 27 altered "the theory of the inviolability of private property" in the Mexican legal system. The "economic interest" of the people and the nation were viewed as paramount when compared against the rights to private property by the framers of the 1917 Constitution. But Paragraph 1 of Article 14 of the 1917 Constitution seems to conflict with Article 27. Paragraph 1 of Article 14 reaffirms the sanctity of private property in the constitution.

Although the 1857 Constitution served as a foundation for the 1917 Constitution, there are major, fundamental differences between them. They differ basically in approach. Both constitutions define and articulate democratic political rights and duties, but the 1917 Constitution goes on to include economic, social, and cultural rights. The inclusion of these economic, social, and cultural rights in the 1917 Constitution was original and revolutionary at the time. Former President of the Mexican Senate, Aurora Ruvalcaba Gutiérrez stated that, "the importance of the Mexican Constitution of 1917 is the systematic establishment of basic rights of economic and social integration."

Another fundamental difference between the 1857 Constitution and the 1917 Constitution is in the different philosophical approaches to governing the nation that the different constitutions embrace. The 1857 Constitution called for a politically neutral federal government, a federal government that would be passive in relation to economic and social matters and a federal government that respected the status quo. The 1917 Constitution, on the other hand, calls for a federal government that has a moral obligation to take an active role in promoting the social, economic, and cultural well-being of the people.

The Federal Constitution is the most important political document in Mexico. It is the source and origin for all Mexican law. The 1917 Mexican Constitution calls for a "federal, democratic, representative Republic composed of free and sovereign States." All public power is derived from the people. The country, whose official name is the United Mexican States (Estados Unidos Mexicanos), consists of 31 states and a Federal District. Mexico City, the national capital, is located in the Federal District. There is a centralized federal government, and individual state governments and a Federal District government.

The Federal Constitution is the most important political document in Mexico.

The Mexican Constitution is based on seven basic principles: a declaration of human rights; national sovereignty; division of powers; the representative system; a federal structure; constitutional remedy and the supremacy of the state over the Church. It is seen as an instrument to be used to bring about social change. The government is very active in the national economy and promotes change through ownership, regulations and legislation.

It is estimated that in 1910 almost 97 percent of the arable land in Mexico was in the hands of no more than 1,000 families, while 2 percent belonged to small land holders, and 1 percent belonged to municipalities. Article 27, which consists of over 50 paragraphs, was written with the intent of breaking up land, water, and other natural resource monopolies held by the privileged few. The privileged few not only consisted of the 1,000 Mexican Families mentioned previously, but included the Church and foreign interests.

The executive branch, with the president at its head, holds substantial political power. The president, elected to a six-year term with no re-election, has broad appointment, fiscal, legislative, and military control powers. The legislative branch consists of the Senate of the Chamber of Deputies, with both empowered to initiate legislation, although the executive initiates most significant legislation. Each branch is independent of the other, and two or more of the powers shall never be united in one single person or corporation. The executive is empowered to assume sole control of the government in case of emergencies. The emergencies and procedures for the executive to assume sole control of the government are defined and articulated in Article 29. Articles 81 through 93 of the 1917 Constitution delineate the president's powers and responsibilities.

The executive is empowered to assume sole control of the government in case of emergencies.

The federal judiciary, governed by Articles 94-107 of the Constitution, follows a a three-tier system: the Supreme Court, circuit courts, and district courts. The Supreme Court, comprising 11 justices, has final appellate jurisdiction. The federal courts hear important "amparo" suits, unique to the Mexican legal system, providing various legal protections.

The legislative branch of the federal government is comprised of the Senate and the Chamber of Deputies. There are two senators per state and one deputy for every 250,000 people in a state. Senators are elected by direct popular vote to a 6-year term. Deputies are elected to a 3-year term. Three-fourths of the deputies are elected by direct popular vote, with the remaining one-fourth selected in proportion to the votes received by each political party. Senators and deputies cannot be reelected for an immediately succeeding term.

The Mexican Constitution empowers both the executive and the legislative branches to initiate legislation, but only the Chamber of Deputies can initiate bills concerning loans, taxes, imposts, and the recruitment of troops. However, in practice the executive branch initiates almost all legislation and certainly all legislation of any consequence. Each new bill must pass both Chambers by a majority vote. The president has the power of the veto, which the legislative branch can override by a two-thirds vote in each Chamber. Once a piece of legislation is passed by the Senate and Chamber of Deputies, the bill is sent to the president for promulgation of the bill. Promulgation consists of the president "recognizing the authenticity and regularity of the legislation." The president then has the new law published in the official government newspaper (Diario de la Federacion). The president also issues the "reglamento" for the new law-the rules and regulations that give effect to the more general provisions of the new law. The "reglamento" has the same force as the new law to which it refers.

The federal judiciary in Mexico is governed by Articles 94 through 107 of the Constitution and the Organic Law of the Federal Judiciary (Ley Organica del Poder Judicial de la Federacion). The Mexican Federal Judiciary is based on a three-tier system similar to our own federal judiciary. There is a Supreme Court (Suprema Corte de Justicia de la Nacion) which has final appellate jurisdiction over all state and federal courts. There are circuit courts (Tribunales de Circuito) which are the federal appellate courts. The circuit courts are divided into single judge courts (Tribunales Unitarios de Circuito) and collegiate courts (Tribunales Colegiados de Circuito). There are also district courts (Juzgados de Distrito) and jury courts (Jurados Populares Federales) which are the federal courts of first instance.

The structure of the Mexican legal system can be described as a pyramid, with the Constitution at the apex, followed by the major civil codes, and other laws and statutes. The legal principle of "stare decisis" is not recognized, but the judiciary does create binding "jurisprudencia" through consistent decisions.

The Mexican Civil Code exists at federal, district, and state levels, with the Federal Civil Code being core to the legal system. It covers individuals, property, succession, and obligations, among other areas.

In summary, as we celebrate Claudia Sheinbaum's historic election and the inspiration she brings to women worldwide, we also remain vigilant about the future of Mexico's legal and political landscape under her leadership.

Cheers to Claudia and the legacy she is set to create!

References

The above excerpt is from?The Mexican Legal System: A Comprehensive Research Guide, 3rd ed. (2013), by Francisco A. Avalos

[1]?James E. Herget and Jorge Camil,?An Introduction to the Mexican Legal System?(Buffalo, N.Y.: William S. Hein, 1978), 6.

[2]?Guillermo Floris Margadant,?An Introduction to the History of Mexican Law?(Dobbs Ferry, N.Y.: Oceania Publications, 1983), 13.

[4]?Jose Maria Ots Capdequi,?Manual de Historia del Derecho Espanol en las Indians: Y del Derecho Priamente Indiano?(Handbook of the History of the Laws of Spain in the Indies: And of the Laws Exclusively of the Indies) (Buenos Aires: Editorial Losada, 1947), 13.

[5]?See generally?John Henry Merryman,?The Civil Law Tradition: An Introduction to the Legal Systems of Western Europe and Latin America, 2nd ed. (Stanford, California: Stanford University Press, 1985)

[6]?See generally?Francisco A. Avalos, “The Legal Personality of the Colonial Period of Mexico,” 83 Law Libr. J. 393-400 (1991).

[7]?See generally?Richard D. Baker,?Judicial Review in Mexico: A Study of the Amparo Suit?(Austin: University of Texas Press, 1971).

[8]?Constitution of the United Mexican States (1917), Title 1, Chapter 1, Section 1, paragraph A.

[9]?Miguel de la Madrid Hurtado,?Estudios de Derecho Constitucional (Constitutional Law Studies) 3rd?ed. (Mexico: Editorial Porrua, 1986), 104.

[10]?Alberto Trueba Urbina,?The Mexican Constitution of 1917 Is Reflected in the Peace Treaty of Versailles of 1919?(New York: s.n., 1974), 104.

[11]?Constitution,?supra?note 16, Title 2, Chapter 1, Article 40.

[12]?E.V. Niemeyer,?Revolution at Queretaro: The Mexican Constitution Convention of 1916-1917?(Austin: University of Texas Press, 1974) 228.

[13]?Vincent L. Padgett,?The Mexican Political System, 2nd?ed. (Boston: Houghton Mifflin Company, 1976), 198.

[14]?Constitution,?supra?note 16, Title 3, Chapter 2, Section 4, Article 78.

[15]?Constitution,?supra?note 16, Title 3, Chapter 2, Section 4, Article 78.

[16]?Frederic Meyers,?Mexican Industrial Relations from the Perspective of the Labor Courts?(Los Angeles: Institutes of Industrial Relations, 1979), 30.

[17]?Jorge A. Vargas, Mexico and Its Legal System. LLRX.com; <www.llrx.com/mexicolegalsystem.htm>.

About the Author

Sophy Laughing, Ph.D., MBA, is the CEO of the Cobeal Group of Companies. This article is part of her ongoing newsletter series, Cross-Cultural Conversations.