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Mexican Agrarian Law

II Concept of Agricultural Law

The Italian lawyer Giorgio de Semo, who was a pioneer in the study of agricultural law defines it as "the legal branch of predominantly private character that contains the rules governing legal relations concerning agriculture. "
Mugabura THE Argentine Raúl gives the concept of land law and expresses a greater range that is" autonomous set of legal provisions that fall on the emerging relations of any farm, established the primary purpose of ensuring the interests of individuals and the community arising from those farms "
Ramón Vicente Casanova In Venezuela, the land law has defined as" the set of rules and principles governing land ownership and ensure its social function. "
Rodolfo Ricardo Carrera points out that the matter of land law is the "legal science containing principles and rules governing the relationships emerging from farming so that the land is subject to an efficient operation that it results in a better and increased production and a fairer distribution of wealth for the benefit of those who work and the national community. " The
land law is the set of legal rules primarily the legal status of the land, considered this in its new design as functional and legal relationship type and basis on which rests the whole field of agriculture and business as an organization in the dynamics of the elements of that, serving farmers and harmonious community, all in the overall management and according to the circumstances of place and time also including any provisions directed to the enactment of said statute as well as those which tend to the conservation, reconstruction and proper fulfillment of the purposes which are by nature inherent in those institutions of property and agribusiness.
martial Alberto Ballarin says the land law is "the system of standards, both private and public law, specifically aimed at regulating the status of the employer, its business, use and tenure, the operating units and agricultural production as a whole according to general principles of the legal industry. "
The Mexican doctrine find Martha Chávez Padrón and agrarian law defines as "the set of rules that typically relate to legal, focused on the cultivation of the field, and the system that regulates all on the territorial organization rustic farms and determine as agriculture, livestock and forestry.
Antonio moon says it is the "industry is regulated ocupadle legal problems of land tenure the various forms of ownership and agricultural activity that governs the relations of the persons involved in the same"
Lucio Mendieta y Núñez for their part claim that the land law is "the set of rules, laws, regulations and general dispocion, doctrine and jurisprudence relating to rural property holdings and agricultural character."
"law is a branch Social, which is a set of legal rules that will regulate all relations derived from field2.
"is that regulating the activities relating to agricultural activities."
"The land law is the set of legal rules that make it up, make a special, autonomous in relation to other branches of law."
His special section refers to the growing field of territorial organization rustica to the agricultural, property, agriculture, the farms of their agricultural land ownership and agricultural production.
The land law is intended to ensure the interests of individuals and the community, ensure the social function of property; achieve fair distribution of wealth in land for the benefit of those who work and achieve social justice, the common good legal certainty.
land law is considered to be as neutral as it necessarily intended. Social justice and harmony among the different classes and core of society.
"is the legal system governing the social and economic relations that arise from persons involved in farming.
legal regulatory issues of the land, the various forms of ownership and agricultural activity which governs the relations of the persons involved in them. "
has been characterized as a social right, though doctrinally is located within the classification public law

1.2 Autonomy of Land Law

An important current doctrine in relation to our subject has pointed to a theory known Autonomy of land law.
This theory was originally developed pro Giorgio De Semo, which said that scientific autonomy is based on land law that it seeks particular "the rules governing the legal relations relating to agriculture," which justifies the study of these rules and relationships drive "according to a plan whose profiles match the boundaries of the object and be inspired by the systematic construction of the principles is given by the extract and formulate scientific speculation. "
didactic autonomy of land law is also raised by De Semo categorically stating, that the aim of teaching amteria university.
claims that the land law has its own general principles and guidelines and complex "whose legal rules are expressed or should be translated as peculiar economic needs, "
It also mentions the mix of private law and public law.
Apart from these approaches most scholars in our field have maintained their autonomy.
autonomy is found to Martha Chávez Padrón said that the Mexican agrarian law has a special autonomous area, extremely large and complex for what it represents for consideration a proper object consisting of the rules regarding the need for agricultural research legal technique for the following reasons:

all of these rules is very extensive and often notorious, has loopholes, contradictions and errors of style and coordinating placement

to suggest appropriate reforms to yield a higher rate of positive agricultural standards is required technical and systematic study of these

needs to clarify its doctrinal and legislative principles fundamental to the light of them solve the existing rules and set its dubious correct interpretation.

is the result of our past social and legal history.

Meanwhile
Argentine Antonio C Vivanco underlines the interest of scientific autonomy for the study of the legal industry because of the possibility and structure its rules in a particular way and give adequate systematic basis and depends to some extent the best conformation of a structure that allows the conservation land agricultural and security and advancing the livelihoods of the rural community.
Marcial Alberto Ballarin using the term of autonomy points to four supporting elements of this: the fact that legal matter, land has become so important and organic that we see in all these special rules a real coordinate system around institutions and supporting agricultural enterprise in distinct and unique.
Drawing upon the approaches mentioned including Giorgio De Semo, supports the legal autonomy of the land law on the following arguments:

the existence in Mexico of particular legal principles of its own rules and agrarian relations in clearly defined in our institutions.

the progressive enrichment and improvement of regulatory legal drafting of the constitutional article.

the need for legal norms to regulate the multiple intersubjective relations arising from the activity land held by the interest to produce and guide a particular social and economic order based on sound principles.

the character of the land law as an instrument of liberation and development within rural areas.

The full capacity it has purchased the land law to dominate specific purposes, the legal relationships with the same aim to regulate.

1.3 The formal sources of land law

traditional sources of land law are those processes understood as a manifestation of the legal rules agricultural.
Antonio C Vivancio actually believes that don formal sources of land law in the traditional sense objective, emphasizes the role of the agrarian law which classifies from different points of view.

reason of its content may be formal or material

by reason of its legal system hierarchy

because of the way sort of rules it contains, can be codified or common.

Meanwhile Manuel Gonzales Hinojosa stated that the bill is the primary source of law and the rule of law states that land is positive that orders and regulates legal social and economic relations agriculture is the key instrument for the implementation of any agricultural policy to regulate the conduct of individuals. Susan Ma
Taborda Caro argues that the law is the ultimate source inadmissible formal that some authors question the primordial nature as a source of law granting the privilege to custom.
The second sources of land law are special and unique special rules and exceptions that are strictly and narrowly applied without any extra fueraza and being completed as planned in the same common law pro

The third is the constitutional or have the nature of fundamental constitutional mandate that most affect existing suits their principles and that any new provision being prejudicial against them because of a contrafuero them.

1. 4 R eference history of land law

ART. CONSTITUTION 27 .- This Article means the first legal provision related to the field, this Article lays the foundation that governs the field generally, and having to be arranged with a federal law called the Law of Agrarian Reform.

The background to this art. PLAN DE AYALA was promulgated by ZAPATA (1911) and lays the foundations of the Agrarian Law.
Mexican agrarian law has its origins in the early regulations of the Catholic Kings, issued by Royal Decrees.
Indigenous peoples Precortesiano, established forms of land ownership and through unwritten rules, they served the rulers, priests, warriors and farm families.
Laws of the Indies were the first rules of social content, they tried to protect the lives and territories of indigenous peoples encountered by the conquistadors.
These rules governed for Colony, near the Indian Law, formulated in areas dominated by the English Crown.
Since Independence, the new civil right, recently released in Europe by Napoleon's Civil Code, filtered in our legislation, to dominate the legal scene to the new Constituent revolutionary vision of 1917.
With the Law of January 6, 1915, comes the Agrarian Law, aimed especially at the restitution of land stripped indigenous peoples and destroy the large estates, by allocating land to people lacking them.
The so-called agrarian law was applied Cast until 1992, which amends Article 27 of the Constitution, to start a new stage of this legal discipline.
With the recent constitutional reform, land tribunals arise, endowed with full jurisdiction and autonomy, in order to administer justice and provide legal certainty agricultural ejidos and communities and small properties.
Mexican agrarian law is very prolific. Along with the jurisprudence of the Judiciary of the Federation, are the fundamental sources of Agrarian Law, which emerges in our country with new energy and a broader view, breaking the regulation of land tenure, to enter in the forms of productive organization, ecological balance, sustainable development and food security.

1.5 agrarian authority.

agrarian reform law in its Article 2 states that are authorities on land:

President of the United Mexican States

State governors

Secretary of Agrarian Reform

Agriculture and Natural Resources Secretariat

The highest political authority land under Article 3 of the Land Law, which is the federal executive branch, represented by President of the United Mexican States
The authorities are responsible for monitoring the implementation of the Agrarian Law?
I. Federal Executive Power;
II. The Agrarian Reform Secretary, Livestock and Rural Development;
III. To the Secretary of Agriculture and Water Resources;
IV. A state governors;
V. For the agrarian courts, and
VI. A mucipales presidents and other authorities in accordance with Article 3 of the Land Law.
The executive is responsible for promoting and encouraging integrated and equitable development of rural areas, conserve natural resources and promote its rational use, to channel investment resources and promote scientific and technological research in rural Mexico, in accordance with Articles 4, 5, 6, 7 and 8 of the Land Act and the provisions of Section XX of Article 27 of the Constitution.

Semo, Giorgio, Agricultural Law Course, Florence, Politigrafica University Publishing House, 1937, p. 61
Mugburo, Raul, the regional rural law theory, Santa Fe, Argentina, Center for law students, 1933 p. 139
Casanova, Ramon Vicente, Agricultural Law, Merida, Venezuela, Universidad de los Andes, Faculty of Law University Talleres Gráficos, 1978, p. 23
Marcial Ballarin, Alberto, Agricultural Law 2 nd. Edt., Madrid, Editorial Review of Private Law, 1978 p. 437
Chávez Padrón, Martha opcit p. 61.
Luna Arroyo, Antonio and Luis G. Alcerreca, Dictionary of Mexican agrarian law, Porrua 1982 Mexico p. 207
Lucio Mendieta y Núñez, Introduction to the study of agricultural law 2 edition, Mexico, 1966 p. 17 Prorrua

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SMOKING LAW

several days ... I do not know anything about the hotel gardener, these grasses need to be cut and do not hear the sound of the mower that both relaxes me. I do not want to put up with weeds, that it is growing next to the rather, it is not.

and speaking of grass, I heard someone say on TV that you have to "legalize" some drugs, including marijuana in a kind of stimulant selected to receive what seems an inevitable "pardon." well. but, what a coincidence, the topic comes up often during the election situation just as it will renew the Congress, and then candid candidates, yeah right, come to think and as they know the subject, as so many others, his ravings end up being fine thread for all those media, in this electoral process, do not care more than that, post delusions, about the same you produce some drugs from those who want to "legalize."

and ... just speaking of delusions, the absurdities and outrages comments here I have some lit a candidate who may want to try: see point one. if you want to "legalize" it is because there is a black market, there is demand, there are users. then, benefit or no benefit is called "legalization" of certain drugs to their users? let's put it in practical terms it would be easier to buy. While it is true that access to marijuana is not difficult in most cases, one in five hundred is. you may end up in jail, according to circumstances, depending on location, according to economic status. in that one in five hundred anything can happen. buy it at an approved establishment, not only would reduce the danger and violence, if not further raise the quality. estandarizarían prices because fewer hands would go through the product. In conclusion, increased safety for all users * do not assume that guys? So it must be fish!

but there come forward to say: "That just promote consumption ..."

sorry, a touch ... Menita dime linda (you say. as you know, she always says something intelligent) eh eh, I think that consumption would drop a bit with this "legalization" because it would be regulated as now printed on cigarette packets a photograph of a terminally ill lung cancer, as in the bags of grass, they should be restrictions, consequences and how people get if consumed in excess, how it affects the brain and all that. I think so people I think better "
course she is right. illegality what is promoted on misinformation or information that is most confusing, especially to the younger marihuaneritos, Mena is not it?

ok. the second point. here are several ways to view the situation. in terms of road safety and pedestrian protection that takes the subject itself relevant. for example, with this "legalization" Police raids and could fine or take a driver's license to those who handle or too frilly ruffles. as Mena says, people think better before getting into his 4 x 4 and get a touch of cannabis sativa. not like now, that even to get brutazos taxear. then, with the "legalization" or reduce traffic accidents or more revenue from fines. What do you think?

my friend who is over the police and who studied with me at school, tells me that marijuana consumption is already "legalized" for some time, you can smoke it, you can not do is buy it, buy it. Is not this an Estonian legal?
has this effect of tetrahydro cannabinol. (What do you say my dear Vincent?) Now I listen to Vincent that the "legalization" also would result in investment and employment generation. imagine the weedshops, specially designed spaces for quiet smoke or for a tourist to come and taste the local species, that these places have rooms of music ... food (for exit), art exhibitions, which are a tourist attraction, with ancient Inca concept if you want. and Europe, but better, more mystical. estonazo!

indeed, may even have psychologists and specialists in support for the terminally ill or classes of mathematics, philosophy or just a place where you meet or find people to talk, but very twisty. as it is today STURBUCKS, but with fireplaces.

Anel just arrived (she was a congressman in another life) is friends with Lucia the theater, they are both users and consume daily. she says that "legalization" would see on TV, making culinary programs, "the adventure of maricucha" holy herb including the protagonist of his dishes as he says Acurio ... uhm!

then, should be legalized or not? The only bad thing I see in all this is that like any business, the grass will become a commodity, in these products that only handles a large group and that group controls all, as with fuel, as with wheat, sugar , say something closer. hallucinate that in the future and I think ah ... For example, in a new government of Alan and the grass "certified" totally ... I see them queuing to buy low-quality marijuana with sick pit and what is worse, without any guarantee and certainty that tomorrow you will find. no, not that!
gentlemen, you, the parliament of lettuce, half promoters of ideas, if they want to "legalize" this little green leaf, this gift of nature, have to regulate the subject well, with a clear law, intended not only for technical The views of users should be considered or yes (Hart focus group) and from and I tell them I've been listening to several users who say it is better to not legalize, that's right, is not Lucy?
if so ... the gardener has to appear!

is important to note that in Peru, the number of users grows every day. more and more young people who smoke. in Holland the release of soft drugs like marijuana, has reached just over three decades and the local consumption balance yields a considerable decrease. tourism consumption is what keeps these local landmarks, such spaces francs at the time helped to segment selling drugs, not mixing the soft with hard.

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DAMAGED GOODS - DAMAGED GOODS EP / GANG OF FOUR

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WALKING ON THE FUCKIN 'HELL ...

(this song keeps ringing in Jack's head)

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SATELLITE.

now I hear only what I want and I have to hear nonsense, I'm cutting heads with this song from THE KILLS. they are the cat's claw and that they where were the last day of magic ...

Mena, come to bed, turn off the TV ... but that does not turn off.

clear that you hear and listen to Alison too.

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THE INSURANCE WILL NOT VOTE KILLS LITTLE RED CAP

heard on the radio today that spoke of concern that if something collectively to Peruvians is no doubt our future as a country. if then, we are told that we are moving, that we are the fastest growing in the region and we just have to keep striving. Lucy's friend Mina who barely speaks English but is well understood, said that one in terms of perception, which itself will see much growth with construction of buildings on all sides, with both luxury car, with both restaurant tab with so many chronic users card. yes that is progress, it does look neat tv commercials, says the New Yorkers.

again, as my friend Gonzalo von Halen, "if then." elections, which will now, in the blink of an eye, it seems that no longer concerned about the citizen. and understood. we know we must choose the lesser evil, someone who follow the "path of economic progress," therefore, progress for all. is assumed, Mena is not it?

it does seem something no one cares about is the safety of all. nobody cares if you steal, if you steal or rob you. to anyone, least of candidates who want to succeed Alan, who, incidentally, does not care if one day you go home and can not find your furniture and your bed, ah!

Harvey Keitel, who also is visiting at the home of Mena imagine that the interior ministers of this government and all previous governments never have cared less now going to matter what a woman is dragged along the pavement by a group of gangsters terokal to take his wallet. advisers of these ministers do they care that much that you remove yours and get you killed. Castaneda, less is going to care that every five minutes a Black Berry arranchado is in the center of Lima or San Isidro. what is going to care, this guy seems to care only that the poorest people have stairs so that mussels can reach them. is not ironic. Toledo, or PPK and less to ayayeros Pepecar interested in a radish from prison to call your old lady to try to extort money from a stop pretending younger brother, fright can even cause a heart attack. or, from the same prison, plan a kidnapping to a super professional chamba, or assault and took his 4x4 pita, and better not to resist because they put lead, without remorse. no. So do not lose sleep. unless the people of Ollanta, forget it. just remember the cowboy who became his brother in Andahuaylas. and the orange people, do not say anything ... the clockwork orange is what reminds me of that political group. all they care a fuck to kill a girl to death or raped or pushed against the track to a college girl from the van in motion. no. would have mattered if they did something a while. Harvey also says that if you get fly, steal your vote.

Mena tells me very sad that we have little compassion and we are not able to help your neighbor and so the little solidarity to journalists prefer not to worry too much and instead take advantage of the situation with chronic red. opinion leaders do not raise their voice ... is not that weird? Police choro sleep while the works ... is the shit.

Lucia has a few days here and tells me that in New York organized crime is very dangerous to walk on the street for certain places at certain times, but knowing that you kill in Lima for a few soles is creepy girlfriend tells me nervous the rich and Menita crazy shit. Mena means something, sure as always something with intelligence. see preciosita: "every day the country loses a thousand suns for lack of security." not tell them. the city lost an ass out of silver. if not, ask the telephone operators, although deserved, cowardly suffer parallel market competition, market theft, impunity, ah! What do you say to this president, minister, mayor, general, counsel, opinion leader, police?

I say that if the security of all we cared at all, ought to go to claim that this is the debate that the individual's safety is the priority in this election and so progress is sustainable. is ironic and frustrating that while people like Acurio promotes food to Peru, as well as others who are taking the chest by our country brand in the world, have others who can do something to protect us and protect themselves, they care only take their cut. shit people. shit people! says Mena, who is also violent.

Lucia who speaks little English, but was well understood and has also lived in Mexico, Try this: "when the issue is irreversible, no lomo saltado, or champions table, or Inca roads or dedicated tenors or nobel prizes do that Peru is recognized as a great nation that receives thousands of tourists." rich bitch .. a lomo saltado that right?

tourists or tourists, it is urgent to do something now, all together. your vote we rule the next five years ... or maybe more. shit not electing a spineless incompetent. Do not choose a criminal, not a protector of criminals. do not want, or at least I do not want, or Lucia, and Mena get to have to pull a gun to defend ourselves, we do not want the concert and find out the car with no headlights and no wheels, I do not want to walk afraid, unless I want to see Laura Bozzo program ... do not fuck it Mena!

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IS NEAR THE END - THE FIERY FUNANCES

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long time Mena's friend and I wanted to know. Lucy has just arrived from New York and this recontra burned. or I saw it hit I wanted to know what it was like the script of Little Red Riding Hood ... I love the idea of \u200b\u200bplaying the granddaughter of the grandmother who ate the wolf. I told him this role was Menita and in any case could be the mother, who in history is perhaps more important that the same little red riding hood. to nuyorkina nadita disliked that he had been denied and he was very conceited ... I said "count to a hundred and you go to the bathroom. not keep me waiting" I counted to fifty, I went to the bathroom and found her hanging herself ...

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MUSE hear a video

"I gotta get my fuck off ! Fuck you fake bitches. Those Who Fuck shit-talk behind my back. Fuck you liars. Fuck you backstabbers. Attention Whore Fuck you. Fuck Those Who Claim to be my friend Do not act like one yet. Fuck Those Who judge me. Fuck you fake friends. Fuck you hypocrites. Fuck Those Who Left Me. Fuck Those Who Hate Me. Fuck you to the prejudice, greedy motherfuckers. Could ya'll kiss my ass. Fuck you! "

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1.
is elementary introduction to a study beyond the etymological meaning of what a constitution, and so in this study we find the true essence of what a constitution, the elements that make up, their purpose, their characteristics, types of constitutions that exist, to whom and for what purpose are developed; and a more concrete approach to the analysis of the origins of our constitution of 1917.
The Constitution of a country is of paramount importance to its existence. The Constitution gives the organization of a State, unasociedad. Without the existence of a constitution, the state could not form as such, hence the importance of analyzing the most important aspects of a constitution. Constitution
The concept has been discussed since Aristotle, in ancient Greece, so we can see that for many centuries it has been necessary for man to establish the organization of a state, because without a constitution, devoid of the elements necessary for the survival of unasociedad.

2. The Constitution

1. Concept of Constitution.
Constitution .- fundamental law, written or otherwise, of a sovereign state, established or accepted as a guide for its governance. The constitution sets loslímites and defines the relations between the legislative, executive and judicial branches of government, thus setting the stage for his government. It also ensures the people certain rights. Most countries have a written constitution. Concept

Constitution as Hans Kelsen.
Constitution For Kelsen the word has two meanings, a sense logical-legal and legal-positive sense.
According to Kelsen, the Constitution in its logical and legal sense, is the fundamental law or basic hypothesis, which is not unprocedimiento created under legal and, therefore, is not a positive norm, because no one has regulated and that is not the product of a legal framework is only a basic budget. Indeed, from this hypothesis is to shape the legal order, the content is subordinated to the fundamental rule on which lies the validity of rules that constitute the legal system.
On the other hand, a constitution in the legal sense-positive, based on the logical-legal concept, because the Constitution is a course that gives validity to the legal system as a whole, and fundamental rule rests the whole legal system. In this concept, the Constitution is no longer an assumption, is a conception of a different nature, is a rule set, not assumed. The Constitution in this sense comes as a level immediately below that of the Constitution in its logical and legal sense.
According to Kelsen the Constitution can be seen in two ways: in a material sense and in a formal sense.
in its material sense is constituted by the provisions governing the establishment of general principles and, especially, the creation of laws. In addition to the standard regulation creates other legal standards, and procedures for the creation of a legal, also from the material point of view, the Constitution provides a higher state bodies and their powers. Another element that contains material that concept are the relations of men with their own state power and fundamental human rights. The Constitution in a material sense as it implies, the contents of a constitution.
The Constitution in its material sense has three contents: the process of creation of general legal norms, rules relating to State bodies and their powers and relationships of men with state control.
The Constitution in a formal sense, says Kelsen, "is a solemn document, a set of legal rules may be amended only by complying with specific requirements, which aims to impede the modification of such standards. Formal sense of the Constitution is the supreme legal document. There is a distinction between ordinary laws and constitutional laws, that is, there are rules for their creation and modification through a special procedure other than doomed to reform the common law or secondary legislation. Concept

Constitution as Ferdinand Lassalle. Ferdinand Lassalle
set out to find the essence of a constitution, from realistic analysis. Defines the Constitution as the result of the sum of the real factors of power. So what should be reflected in a constitutional regime are the aspirations of social and political forces of a State. To Ferdinand Lassalle
would not be such a constitution, if it does not reflect the political reality of a State, with it, we would point out that a constitution reflects the reality. Every regime has a number of sheets of paper on which are inscribed the fundamental principles governing the functioning of the state, around which binds its people, the supreme legal document that states the structure and functioning of the state, around which binds its people, the legal document supreme says the structure and functioning of the life of the state, would only be a piece of paper, if not correspond to reality
Ferdinand Lassalle says there are two types of constitutions: the real and the formal constitution. The first is effective because it is the expression of the real factors of power, and the other, is merely a sheet of paper. While there is a Constitution that strictly speaking is very real, loideal effect is to keep its essential principles. Currently in Mexico, given the composition of forces within the Congress, our Constitution has sought increasingly identified with the changes taking place in our society.
Concept
others
Constitution .- The great thinker Aristotle Aristotle, not only had an impact on the philosophy and methodology of logic and ethics, but also in shaping political science and the first conception it had many political definitions, evidently in his work we find a typology of the Constitution. Aristotle technically referred to a typology of the Constitution, but never formulated a systematic theory about it, never intended to codify in a scientific manner consistent study of the Constitution.
However, Aristotle had a vision of the Constitution in the following aspects: a) You can study the Constitution as a reality, from this viewpoint is the happening of community life is the life of society and state, the existence of a community harmonized or political organizations; b) The Constitution is an organization, in this sense refers to how to organize the political ways of reality; c) You can study the Constitution as ferenda, that is, all governments should analyze what is the best constitution for a state, lasmejores forms, under which, the state is best organized to accomplish its purposes, for purposes of the community.
Aristotle, in the analysis of policy types, reaches a conclusion: neither the monarchy nor the oligarchies, democracies are not good, but the best constitutions are those that are mixed or combined those with aristocratic elements, monarchical and democratic. Karl
Loeweinstein .- Great constitutionalist, is one of the great realists of the study of constitutional law in the contemporary era. States that in every society there is a real or ontological constitution. Ontological constitution is the being of every society is the real social culture, the behaviors are recognized, are the political principles in which each community is based, and formalized in a written constitution. Georges Burdeau
.- For him, a constitution is the status of political power in state institutions become. The Constitution is the institutionalization of power. Maurice
Hauriou .- says the Constitution is a set of rules on government and community life. The Constitution of a State, is a set of rules that are related to government and state community life. Jorge Carpizo .-
gives a clear description of the Constitution, theories, positions and currents that have been around it. In addition to this major contribution also examines the concept from different angles, and tells us that the word constitution, as such, is a word that has many meanings, is a word-many.
So when there is some order that allows facts to be made between rulers and ruled there Constitution. Puedecontemplar said that the Constitution from different angles, from the economic angle, sociological, political, historical and legal, and from the legal point of view, we see the life standards of a country, and that constitutional law is the structure of performance State.
A constitution is a dialectic between being and should be, the Constitution of a country is dynamic, ongoing duel between being and should be, an ongoing duel between the law and reality. The standard can go beyond reality, forcing it to make it fit, but with a limit: do not try to violate the reality of anything that violates the dignity, freedom and human equality. Carpizo
said that the Constitution can be viewed from two angles, as a material constitution and as a formal constitution. The Constitution will be the content of material that we men have rights against the State, the organization, powers and responsibilities are in the Constitution, is the subject matter of the Constitution. From the point Formally, is the document where these constitutional rules, which can only be modified by a special procedure.

3. Classification of Constitutions.

According to its legal formulation.
This is a traditional classification, under which is known as written constitutions and unwritten
written Constitution: document that embodies the fundamental principles upon which rests the organization, boundaries and powers of the State as well as duties and rights of individuals, is the specific text that contains all or almost all of the basic rules.
unwritten constitution: also called customary constitution, there is no specific text that contains all or almost all of the basic rules. Regarding this classification
Esmein considers that a written constitution is preferable to one that is not written or customary, because a written constitution allows for greater legal certainty and legal technical advantages granted, since it is known more precisely which rules constitutional and which are not, and provides greater benefits because it is easier to locate the nest and the unity of the legal system under a written constitution, because it will automatically be placed in the top that legal and constitutional document, since it will cry the other institutions of legal character.
From Esmein thought completed three advantages of written constitutions:
The superiority of the law written on the custom, which was recognized in the late eighteenth century, since then, there was the need for a range than constitutional rules.
Also from the eighteenth century is important to recognize the social pact involving a constitution dictated by national sovereignty, which is interesting from the standpoint of the legitimacy of the legal principles arising from national sovereignty.
In a written Constitution is greater clarity and precision with regard to constitutional content and that of course, eliminates confusion, and therefore obviously a contrario in an unwritten constitution, it is easier to ambiguity about what standards should be considered constitutional. According

reform. According to his reformist
constitutions are classified into rigid and flexible. Rigid constitutions are those that require special and complex procedure for reform, that is, the procedures for the establishment, alteration or addition of constitutional law is different and more complex procedures ordinary laws.
The Constitution of the United Mexican States which states in Article 135 a more complex procedure than the regular process of creation and legal reform. For the proper analysis should observe the provisions of Articles 71 and 72 of the Constitution in respect of ordinary laws, and compare the mechanism that is available with regard to constitutional reforms, to which must be taken to Article 135 in which a procedure is established through these two chambers, the procedure 135 also mandates that it and two-thirds vote of members present in each chamber, is obtained after the approval of most state legislatures, and with this, it is clear that the procedure is more complex. In practice
written constitutions are also rigid constitutions, that is, when a State found that there is a written Constitution, we find that it has a more complex reform or additions to the procedure for the establishment, alteration or addition of a law ordinary.

Depending on their origin.
can be:
Granted .- granted constitutions states that are traditionally a monarchical state, where the sovereign itself is given precisely who that is, are those in which the monarch, in his capacity as holder of the sovereignty, gives the people. In this case, part of the following premises: a) from the perspective of the monarch, is he who gives as the repository of sovereignty, b) is a relation between the holder of sovereignty-monarch and the people receiver who is simply stating what the monarch, c) is a constitution in which rights are recognized for their subjects. Imposed
.- The constitution imposed by Parliament requires the monarch, referring broadly to Parliament, which is referred to larepresentación of the political forces of society in a state of real groups power in a state that is configured in a body called Parliament. In this type of constitution, is the representation of society that imposes a series of letters, determinations or policies deCarta to the king, and he has them to accept. Therefore, absent in the case of constitutions imposed, active participation of society representation in key political decisions.
agreed agreed constitutions .- In the first idea you have is a consensus. Nobody gives unilaterally, nor were imposed because if they are imposed and are agreed not lack a framework of legitimacy. These constitutions are multilateral, and that whatever is agreed will mean two or more agents, therefore, are contractual and are said to stem from the social contract theory. Thus, we can agree among regions, among provinces, between revolutionary factions, etc.
agreed or contractual constitutions involve: first, greater political developments in those that are imposed or granted, and second, in the agreed there is a strong influence of the social contract theory, third, those that are agreed upon this covenant or consensus can be given between various political actors, all those real power groups that are recognized by the State. Thus, even for a monarchy, when it is agreed the governed no longer subjects.
By the will of popular sovereignty .- is when the source of the constitutional document is their society, which usually manifests itself through an assembly. Therefore, it is not that the Company negotiated with the holders of public power, but the Constitution itself arises from the social force.

4. Background of the constitutions in the world.

Its origin is found in ancient Greece who had the conviction that the political community is governed by law.
was Aristotle who developed the concept of constitution. For him there were three good forms of government: monarchy, an solohombre government, aristocracy government by the best and moderate-democracy government of many. Their degradation would result respectively: tyranny, oligarchy and democracy exaggerated.
The best form of government, constitution, would be one that combines elements of the first three so that each class of citizens have guaranteed their rights and accept their responsibilities for the common good. Another
Aristotelian principle, still in force, states that governments are accountable to the governed and that all men are equal before the law. Only thing to remember that sense of equality Aristotle applied it only among free men since slavery admitted.
When Christianity became predominant religion in the conception defended monarchical government, as in recent years delImperio Romano, Augustine postulated that the earth constitutions should respond where possible to model the city of God, which was interpreted as the concentration of power in a single sovereign. This thesis was developed during the Middle Ages and it was postulated that the king received his mandate from God, a concept that formed the basis of absolute monarchy.
The theoretical foundations of constitutionalism developed on social contract theories in the seventeenth and eighteenth centuries, with Thomas Hobbes, John Locke, Baron de Montesquieu and John Jacques Rousseau.
These theories led to the liberal doctrine contrary to absolutism. The liberal doctrine proposed changes in the form of government and defended the political rights of citizens.
The social contract of individuals ceded absolute freedom that characterizes the state of nature to be assured that it provided a sovereign government accepted. For Hobbes's sovereignty should concentrate on a single individual, while Rousseau referred to the general will.
Locke established the division of powers within the government and was the one most influential one in the Declaration of Independence and the Constitution of the United States and the Declaration on the Rights of Man and Citizen in France made a late eighteenth century.
constitutional experience of France, Britain and the United States was instrumental in the development of liberal thought in the nineteenth century, during which constitutions were enacted in most European countries and America.
worth noting that the constitutions of the nineteenth century tended to be brief and contain only basic standards. Since the first World War, but was more frequent in the Constitution include various principles concerning social, economic and political issues that previously were referred to the ordinary laws.

5. Background and historical context the Constitution of the United Mexican States.

liberal ideas in Europe became an instrument of struggle for nineteenth-century revolutionaries, who fought against the absolute rule of kings or against foreign domination.
In this context of liberal doctrine, inspired by the independence of Mexico and other Latin American countries of Spain, José María Morelos y Pavón in 1814 enacted the Constitution of Apatzingan which reflects the principles of equality, popular sovereignty and separation of powers.
As a free country, in Mexico are like constitutions that preceded the 1917: the 1824 and 1857.
Recalling that our independence war ended in 1821 and three years later in 1824, representatives of the nation tendenciaconservadora, meeting in Constitutional Convention, proclaimed the first Supreme Law of the Country: The Constitution of the United Mexican States that was in force for just over 30 years.
In 1854, the Liberals moved to preserve and promote the development of new laws and so in 1857 he released the nuevaConstitución Policy. That same year he entered into force, despite the disagreement of the conservatives, those who ignored and took up arms.
Main provisions of the Constitution promulgated on October 4, 1824. Establishment
Federal Republic form of government, as a Representative, Federal People.
A republican government, consisting of legislative, executive and judicial.
Executive power is vested in a President and a Vice-President, elected every four years.

Main provisions of the liberal constitution promulgated on February 5, 1857.
Mexico was established as a Republic, Representative, People's Federal.
adopted the principle of separation of powers.
are recognized Teaching and Freedoms guarantees freedom, property, security and Popular Sovereignty.

Events after the enactment of the Constitution of 1857. Benito Juárez
ruled from 1858 to 1872, the year of his death, after Porfirio Diaz who came to power.
So the time known as Porfiriato covers the period between 1876 and 1911. This stage is characterized by the suppression of freedoms and a government that did not respect the law. Peasants, indigenous groups and other popular sectors were in misery, while a few Mexicans and foreigners owned the country's wealth. Under these conditions
born Mexican Revolution in 1910 which demanded Madero:
Obedience constitutional laws of 1857 and respect the vote of the city. After the Revolution
1910, Mexico needed to strengthen its political system and its institutions were badly damaged by this conflict and was required to ensure safety of goods and people. As far as the constitutional president, Venustiano Carranza, the Constitution promulgated on 5 February 1917 in the city of Queretaro.
is important to note that a group of deputies wanted major changes in existing laws to transform sociedadmexicana. But other deputies representing citizens landowners, wealthy merchants and landowners opposed to the changes.
In congressional hearings discussed the proposals from different groups Members who promoted the inclusion of the demands of popular sectors in the charter to convince a majority of representatives.
Hence the social and democratic character that keeps our Constitution.

6. Constituent Power

This is one of the issues that the doctrine has developed more emphasis mythology. In particular, the findings offered by Carl Schmitt are present in each treatise with a few other variations. The author referred to explain the nature and permanence of the legislature, susceptible subjects of ownership and the act and the activities that mean.

The nature of the constituent power.
Schmitt said that the Constituent Power is the political will or authority whose force is capable of making the decision to set specific about where and how the political existence of a state. Expresses that "the constituent power is unitary and indivisible, and that translates into a more coordinated with others to different 'powers' (legislative, executive and judicial). Is the base which covers the other branches and divisions of powers .
He claims also that the constituent power remains after the issuance of the Constitution because it involved a political decision can not reobrar against the property holder of the constituent power and destroy his political existence, therefore, beside and above the Constitution still exists that will.

The ownership of the constituent power.
In the same vein, Schmitt said that all the constituent has an owner. Thus, according to the medieval conception only God has a "potestas constituens" after the French Revolution, Sieyès developed the theory of the nation as a subject of the legislature and the restoration of the monarchy the king regained ownership of the legislature. Not disqualify the possibility that a minority can be the owner and, in this case, recognizes that the State will appear as an aristocratic or oligarchic form. The

activity of the constituent power.
also ensures that the Constitution in a positive direction arises through an act of constituent power that does not contain any normación, for a single moment of decision refers to the entire political unity considered as a particular form of existence, ie ladeterminación aware of the specific form of joint which decide to pronounce or political unity. Mean that the Constitution is a conscious decision that the political unity through the holder of the legislature, takes itself and for itself. For this reason the Constitution applies to the extent that it is an expression of political will that that gives the people in democracy and the true king in the monarchy.
The activity of the legislature, therefore, is bound to a procedure, and for the people, "says Schmitt, the constituent power is manifested by any recognizable expression of the immediate will of a whole through the facts, or that is, social aquellasevidencias involving a fundamental yes or no as a manifestation of the people. Recognize, too, that in modern democracies there are instruments capable of expressing this desire: an assembly and dispatches agree normaciones legal-constitutional assembly that projects a the same standards but require approval of citizens through referendum or other form of confirmation, the participation of states in the adoption of the federal Constitution, and the general referendum on a proposal.
From Carl Schmitt's ideas have developed similar concepts on the constituent power, attributing to other features:
Felipe Tena Ramírez .- states: "if, as we have seen the bodies to receive their endowment and their powers a power greater than themselves, as is the Constitution, that means that the author of the constitution must be different and stand above the political will of the organs. The doctrine means the first with the name of the constituent and constituted powers flames seconds. Ignacio Burgoa Orihuela
.- This treatise states that "the constituent power is a power seeks to establish a constitutional order, or fundamental legal structure of diverse content and mutable within which to organize a people or nation, his life is channeled rules the same and many different individual and collective relationships that arise from their own development. "
Jorge Carpizo .- In a similar vein to that of Schmitt, asserts that democracy is the constituent power and can only be the people, that congresoconstituyente is an assembly elected by the people to draft and enact the Constitution while that the Assembly plans drawn unproyecto Constitution so that the people will approve or disqualify, also attributed to the constituent the following characteristics: it is originating; is creator of all the legal order, in principle, is unlimited, its function is to issue the Constitution and does not govern.

The constituent power from a sociological perspective.
The constitutional rule and constitutions are mandates governing the conduct of men in society, the latter are created by the bodies and in accordance with the procedures identified in the first but it can be created by a man or an assembly of men, with the people participating, outside it and even about it.
If you want to call the constitutional power to the author of the Constitution, we must conclude that it is always a man, an assembly or meeting with citizen participation. However, the fact is that the first rule is determined by social forces or vigorous; forces and groups that do not necessarily respond to the interests of the majority population, but always determine the ideological and political content of the Constitution, law and State. Only in the sociological perspective is possible to speak of the legislature, and its legitimacy depends on a social force that responds to the values \u200b\u200band interests of the strongest groups in the evolving social structure. From the strictly legal perspective, the validity of the Constitution depends on how you reach positivization, from the sociological and political perspective, the legitimacy of the fundamental rule will depend on the person or the assembly that the occurrence is recognized by most social the entidadapta to do so, moreover, that the content of the Constitution is consistent with the ideology and values \u200b\u200bprevailing in society.
From the conception of Schmitt, and writers who come to their ideas, we might conclude that if it is necessary to affirm the existence of the constituent power is not a legal term but sociological and, ultimately, say that it is, as stated Burgoa-social reality as a whole, expressed through the most vigorous. Only then can we explain the existence of the constituent power in common law systems, where the constitutions are the product of everyday life where there is no ad-hoc meeting that the issue and usually the people not participating via referendum or plebiscite because also in these systems are the predominant social forces that determine the creation and content of the rules that organize the State and define the validity of the legal order.

The constituent body from a legal perspective
Under the ideas explained, it is legally unacceptable to speak of a constituent power. In any case, from the standpoint of constitutional law, we can express that there is a properly defined constitutional authority when it comes to the individual, the assembly or the assembly with the people, who issued a solemn and formal constitution in the systems of written law for example the 1917 Constitution and in the common law, a permanent constitutional body (parliament, the king, judges, etc..) which over time forms the Constitution (constitutional rule).
Overview of the Constitution of the United Mexican States, 1917
Name: Constitution United Mexican States.
Approval Date: January 31, 1917
Enactment Date: February 5 1917 enactment
Location: City of Querétaro
Issued: Constituent Congress
Official Publication: Official Journal of the Federation
Number of items: 136 Number
modifications: 376

The Mexican Constitution has undergone 376 modifications in its 84 year existence.
A total of 98 articles, of the 136 that has been modified.
The Article 73 which deals with the powers of Congress, has been changed 41 times, once every two years on average.
Freedom of expression democracy, respect for constitutional law and voting were the main reasons why the Mexican people fought against the dictatorship of Porfirio Diaz and against the illegitimate government of Victoriano Huerta.
The Spirit of the Constitution of 1917 is found in three articles that reflect the three main social demands of the Mexican:
Article 3, Article 27
education, the distribution of land
Article 123, the labor protection

Article 3.
For a long time, only the wealthy classes were educated. Most people, peasants and workers, uneducated Elementary: could not read or write. This placed them in a social situation at a great disadvantage against the enlightened groups, government employees and large landowners.
For these reasons, the right to education became one of the main demands of the popular sectors. The Constitutional Congress of 1916-1917 discussed the inclusion of this right in the Constitution and adopted the Clause 3, which refers to:
The education provided in government and private schools will be secular, that is, outside any doctrine religious.
primary education taught in public schools is free.

The Clause 3 was amended in 1934, it was established that the education provided by the State would have a socialist character and one of its purposes was to combat bigotry and prejudice.
In 1940 this article was amended to restore the principles established by the Constitution of 1917 and to add the features of integral education, national, secular, democratic and scientific. In 1993, another reform established that the primary and secondary education are compulsory.

Article 27.
Article 27, the distribution of land. The country's independence did not introduce major changes to the land. The remains of land from peasants continued, now by the estate owners.
requests that the peasants made to public authorities to acknowledge their ownership of their land but were unsuccessful, on the contrary, farmers were supported by the government to rob the people and communities.
The Constitution of 1917 included article 27 in order to solve the problem of land ownership and deal with complaints of rural communities and ethnic groups. The main provisions of Article 27 of the Constitution was drafted and approved in 1917 include:
Ownership of land and water originally under the nation, the government will issue appropriate action for distribution and storage.
The nation is responsible for the domination and exploitation of natural resources.
be declared void all assignments and land expropriations carried out illegally.
estates are prohibited in Mexico, among others.

Article 123. Article 123
labor protection. In the late nineteenth and early twentieth centuries, the working conditions were extremely unfavorable to the workers of the city and country: low wages, exhausting days, lack of rights, among other problems.
The Article 123 was introduced in the 1917 Constitution to regulate the relations between workers and owners of businesses. The Article 123 major achievements are:
maximum working eight hours.
Prohibition of working children under twelve years.
Payment of wages in legal circulating currency.

The 1917 Constitution, in general, but particularly in Articles 27 and 123, represent the culmination of the historical process of struggle for rights laconquista for the Mexican people.
This is how the new Constitution gave the state direct intervention to defend the interests of worker and employer class. Also freed the peasants from the bondage of the estate and estates, giving the land as a right.

7. Conclusion

We concluded that a constitution should be undertaken with the aim of establishing different points of assurance regarding the respective interests of the members of a social community among which we mention the roles of the branches of government, its activity, as well as individual rights and constitutional guarantees that he should recognize citizens.
We also saw that the Constitution of the United Mexican States, is a constitution written order that amendment requires a special process by certain organs of state, although that is a written law can not be regarded as a paper it is written many words and not met, but is the same social need that gives rise to these standards are created and renovated to its proper functioning.
The constituent power must rest with the people themselves who must express their will under a well-organized conference in charge of collecting these needs in order to reform and make laws under a good study of these, for better coexistence between members of a society.
As companies are constantly evolving, there is a need to study the draft legislation, to make appropriate and necessary reforms so that this continues to date with what is happening in society and not just force, a constitution that actually transforms actually for the people, that does not contradict the reality of things and it is kept under a specialized process to consider each step as the function for which it was created.

8. Bibliography
Constitutional Law. Sánchez Bringas, Enrique. Editorial Porrua, Mexico DF, 1999, Fourth Edition.
Lessons of Constitutional Law. Quiroz Acosta, Enrique. Editorial Porrua, Mexico DF, 1999, First Edition.
Constitutional Studies. Carpizo, Jorge. Editorial Porrua, Mexico DF, 1999, Seventh Edition.
Encarta Encyclopedia 2000. Microsoft Corporation. Http://www.ceo.udg.mx/QUE_ES_CEO/Escuela








Author: Maria Fernanda Velasco Enríquez

mafevel [at] hotmail.com
Education: Currently enrolled in the third semester of law Juárez University of Durango State, Mexico
Date of work : December 4, 2002
Title: The Constitution
Category: Law
Summary: The Constitution, the concept of constitution, classification of constitutions, history of the constitutions in the world, history and historical context of the Constitution of the United States Mexico, the constituent power, general information on the Constitution U.S.
Mexico of 1917, Articles 3, 27 and 123 of the Constitution.