Simone Lawson
The Mexican Constitution of 1917, last revised in 2015, is a frequently amended document that outlines the country's political and social philosophy. It is the first constitution in the world to set out social rights, influencing other constitutions like the Weimar Constitution of 1919 and the Russian Constitution of 1918. With a focus on human rights, the Mexican Constitution guarantees protection and empowerment for its citizens, addressing education, land reform, labour rights, and religious freedom. While it has faced criticisms for its detailed and inconsistent text, the Mexican Constitution remains a dynamic and influential document in the country's governance.
| Characteristics | Values |
|---|---|
| Current Constitution | 1917 (rev. 2015) |
| Basis | First in the world to set out social rights |
| Articles | 3, 27, and 123 |
| Amendments | Many |
| Amendment decrees | 227 |
| Modified Article | 73 (33% of the time) |
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What You'll Learn
The Mexican Constitution is frequently amended
The Mexican Constitution, formally the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro, in the State of Querétaro, Mexico, by a constituent convention during the Mexican Revolution. It was approved by the Constituent Congress on 5 February 1917 and has been amended several times since.
From 1917 to 1979, the Constitution was amended through 90 amendment decrees. However, from 1980 to February 2016, the Constitution was amended 137 times in just 36 years. This is a significantly higher rate of amendment than other countries, such as the United States, Spain, and Poland. The Mexican Constitution can be deemed rigid from a normative perspective, but the practice of decreeing amendments shows it to be flexible and easily amendable.
There are several proposed reasons for the frequent amendments. One view is that it is a consequence of the dominance of a single political party, the PRI (Institutional Revolutionary Party), which held close to 90% of seats in both chambers and controlled all Federal Entities. As such, amending the Constitution was regarded as party discipline. Another perspective is that centralization is the true underlying cause of constitutional amendments. Of the 227 amendment decrees, 76 (or 33%) have modified Article 73 of the Constitution, typically to increase federal legislative powers.
The constant amendments have been criticized for preventing the consolidation of political institutions and producing an incoherent and detailed regulatory text. It has also been argued that the frequent amendments and changes in fundamental institutions have impacted the stability of those institutions and resulted in massive costs for the State.
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Articles 3, 27, and 123
The Mexican Constitution, established in 1917 and revised in 2015, is the first in world history to outline social rights, influencing other constitutions such as the Weimar Constitution of 1919 and the Russian Constitution of 1918. This constitution is formally rigid but frequently amended, with a focus on specific articles that have brought about significant changes in Mexican political philosophy.
Article 123 was designed to strengthen the labour sector, which emerged in the late 19th century and played a crucial role in the Mexican Revolution. This article expanded the Mexican state's power in areas such as economic and political nationalism, protection of workers' rights, and recognition of peasants' rights to land. Together, these articles displayed profound changes in Mexican politics, shaping the country's political and social landscape throughout the 20th century.
The Mexican Constitution also outlines human rights, the rights of indigenous peoples and communities, and the role of public officers and employees in upholding petition rights and peaceful assembly. It establishes the United Mexican States' inhabitants' right to keep arms for protection and legitimises citizen's arrests while prohibiting military courts-martial from judging civilians. The constitution addresses the appointment and substitution of councilors and the President of the National Council for the Evaluation of Social Development Policy.
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Human rights and international treaties
The Mexican Constitution of 1917, with amendments through 2015, recognises the human rights granted by the Constitution and the international treaties signed by the Mexican State. The Supremacy Clause (Article 133) of the Mexican Constitution, which was not subject to modification during the 2011 constitutional reform process, establishes the Constitution as the principal norm in the Mexican legal order.
Article 1 of the Mexican Constitution, previously titled "Individual Guarantees", was renamed "Human Rights and its Guarantees", reflecting the changed focus on human rights. This article states that all individuals in Mexico shall enjoy the human rights recognised by the Constitution and international treaties, and that these rights cannot be restricted or suspended except in cases established by the Constitution.
The 2011 constitutional reforms emphasised that human rights norms, regardless of their source, are not organised in a hierarchical relationship. This means that human rights derived from the Constitution and international treaties are protected equally. This approach was further supported by the Supreme Court's judgment, which stated that human rights constitute the parameter of control for the validity of all norms and acts of authority within the Mexican legal order.
In addition to recognising human rights, the Mexican Constitution also addresses social rights, serving as a model for other constitutions such as the Weimar Constitution of 1919 and the Russian Constitution of 1918. Articles 3, 27, and 123 of the Mexican Constitution brought about significant changes in Mexican politics and society, including the establishment of free, mandatory, and secular education, land reform, and the empowerment of the labour sector.
The Constitution also includes provisions for the protection of indigenous peoples' rights, such as supporting sustainable development, promoting economic self-sufficiency, and ensuring access to supply and marketing systems. It guarantees the right to privacy, protection of personal data, and the right to peaceful assembly, among other rights.
While the Mexican Constitution has been frequently amended, it serves as the foundation for human rights protection and the interpretation of international treaties in Mexico.
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Indigenous peoples and communities
The Mexican Constitution of 1917, revised in 2015, is the first such document in the world to outline social rights. It is also one of the most frequently amended constitutions in the world. The constitution recognises the existence and contributions of indigenous peoples in the construction of Mexico. Here is a detailed overview of the sections of the Mexican Constitution that directly address indigenous peoples and communities:
Recognition of Indigenous Rights
Article 1 of the Mexican Constitution states that all individuals are entitled to the human rights granted by the Constitution and international treaties signed by Mexico. This includes the protection of these rights by all authorities, who must promote, respect, protect, and guarantee them. Article 2 recognises the right of indigenous peoples to self-determination and grants them preferential access to the natural resources in their inhabited areas. This shift in judicial attention towards human rights has brought indigenous issues to the forefront, with Mexico's Supreme Court addressing the recognition of the juridical personality of indigenous peoples and territories.
Autonomous Regions and Customary Law
Indigenous peoples in Mexico have a long history of advocating for autonomous regions and self-governance. The Zapatista rebellion in 1994 and the National Form of Civil Society movement in 1993 brought national attention to the need for indigenous autonomy and the right to organise autonomously at local, regional, and national levels. The EZLN, a pan-indigenous movement, has been a key force in negotiations with the government. In 1996, the EZLN and the government signed the San Andres Accords, guaranteeing land rights, regional autonomy, and cultural rights for indigenous peoples. However, the government later refused to implement these agreements.
Political Representation and Participation
The Mexican Constitution and accompanying accords emphasise the state's responsibility to reinforce the political representation and participation of indigenous peoples in legislatures. The state also guarantees the validity of internal forms of indigenous government and the right of indigenous communities to freely associate with primarily indigenous municipalities, form associations between communities, and coordinate their actions. While the criteria for self-determination and autonomy are left to individual state legislatures, there is a focus on accurately representing the diverse aspirations and distinctions of indigenous peoples.
Economic Development and Social Policies
The Mexican Constitution outlines the state's role in supporting the sustainable economic development of indigenous communities. This includes promoting productive activities, granting incentives for investments that create jobs, and utilising new technology to increase productive capacity and ensure equitable access to supply and marketing systems. Additionally, social policies are established to protect indigenous immigrants, ensure labour rights, improve women's health, provide educational and nutrition programs for children, and promote indigenous culture.
Media Access and Freedom of Expression
Authorities are obliged to create the conditions necessary for indigenous peoples and communities to acquire, operate, and manage media outlets, in accordance with the law. This provision ensures that indigenous voices are amplified and accessible through various platforms.
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The right to petition
The current Mexican Constitution, formally the Political Constitution of the United Mexican States, was approved by the Constituent Congress on 5 February 1917 and has been amended several times since. It is divided into "Titles" (Títulos), which are a series of articles related to the same overall theme.
One of the rights enshrined in the Mexican Constitution is the right to petition. This right is protected by the Constitution, which states that public officers and employees must respect the exercise of the right to petition, as long as it is made in writing and in a peaceful and respectful manner. The Constitution also guarantees the right to peaceful assembly for any licit purpose, and meetings organized to submit a petition to any authority cannot be considered unlawful as long as they are peaceful and respectful.
In addition to the right to petition, the Mexican Constitution also guarantees other important rights, such as freedom of expression and the right to work in the profession of one's choosing, as long as it does not attack the rights of others. The Constitution also sets out social rights, including the right to free, mandatory, and secular education, and the empowerment of the labor sector. Furthermore, it establishes the foundation for land reform and asserts state sovereignty over the nation's subsoil rights.
The Mexican Constitution also outlines the responsibilities of public authorities in relation to the protection of human rights. All authorities are obliged to promote, respect, protect, and guarantee human rights, and the State must prevent, investigate, penalize, and rectify violations of human rights, in accordance with the law. This includes supporting the productive activities and sustainable development of indigenous communities and protecting the rights of indigenous immigrants, both within Mexico and abroad.
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Frequently asked questions
The Mexican Constitution of 1917 contains 24,261 words. It has been amended several times, with the most recent revision being in 2015.
The Mexican Constitution has been amended numerous times, with 33% of amendments (76 out of 227) modifying Article 73 to increase federal legislative powers. The constitution guarantees human rights and social rights, including the right to keep arms for protection, free and mandatory secular education, land reform, and the empowerment of the labour sector.
Critics argue that the constant amendments have damaged the constitutional system, hindering the consolidation of political institutions and resulting in an incoherent and overly detailed text. There are also issues with duplicated articles and inconsistent terminology.
The constitution includes provisions to protect indigenous communities and immigrants, promote economic self-sufficiency, support public and private investments, and ensure equitable access to supply and marketing systems. It also outlines the right to peaceful assembly, the right to petition, and the obligation of authorities to respect and guarantee human rights.
