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Repaso Derecho Constitucional

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Repaso examen ordinario

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Mexico

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Repaso Derecho Constitucional
 

Repaso Derecho ConstitucionalOnline version

Repaso examen ordinario

by Hugo Andrés Pérez Polanco
1

What year did the Mexican SCJN begin recognizing the binding effect of IDH Court decisions in the Radilla-Pacheco case?

2

Which expediente established the obligation for Mexican authorities to protect rights under international treaties and the Constitution?

3

What is the main procedural model adopted for conventionality control in Mexico after these rulings?

4

Which principle requires interpreting laws in light of rights recognized in the Constitution and international treaties?

5

What does Paso 3 (inaplicación de la ley) allow judges to do?

6

What is the central consequence of the Contradicción de Tesis 293/2011?

7

Which document reform in June 2011 expanded Article 1 and embraced universal human rights?

8

What is the status of Cort IDH rulings when Mexico was not a party, per 293/2011?

9

Which area is restricted by the new conventionality framework in relation to military courts?

10

What is a key outcome of the Radilla case for Mexico’s constitutional order?

Explicación

The 2010 expediente 912/2010 established the binding effect and control standards.

Expediente 912/2010 is the Radilla-related case introducing ex officio control.

The model blends diffuse control with ex officio conventionality checks.

Paso 1 of the Radilla framework is Interpretación Conforme en Sentido Amplio.

Paso 3 permits inaplicación when no compliant interpretation is possible.

293/2011 unified criteria, emphasizing pro persona and coherence.

The 2011 reform broadened human rights protections under Article 1.

IDH rulings are binding if pro persona and harmonized with national law.

Conventionality requires civil rights protection; military jurisdiction is restricted in such cases.

Radilla catalyzed a unified ex officio conventionality framework.

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