Da Tocqueville a Marshall, passando per Kelsen: il sincretismo del sistema messicano di giustizia costituzionale

From Tocqueville to Marshall, over Kelsen: the syncretism of the Mexican system of constitutional justice

Abstract

The paper deals with the complexity of the Mexican system of constitutional adjudication from both the historical and the comparative points of view. Its peculiarities derive from the coexistence of three main sources of inspiration: first, the “traditional” source that founded the elaboration of the juicio de amparo, then the two more recent ones, following which a centralized system and a decentralized system were both established. The result of these different influences gave rise to a system that can be considered as a model in itself.