Notes on Mexican constitutionalism from a conventional perspective

Abstract

Introduction: Constitutionalism, as an epistemological approach, is a difficult algorithm to decipher, especially when many of its detractors refuse to recognize the imperium of the American Convention on Human Rights, incorrectly invoking the principle of constitutional supremacy. Objective: Analyze the state of Mexican constitutionalism in light of conventionality control. Method: The authors have resorted to qualitative-descriptive methodology, with an exhaustive review of national and international bibliographic and normative sources. Result: Mexican constitutionalism is recreated in the Constitution as: (i) a text composed of legal norms that legitimize a sovereign public power to regulate a given society; (ii) a text whose content enshrines taxonomic principles that are intended to defend its integrity; (iii) a text of progressive recognition of fundamental rights aimed at ensuring human dignity; and (iv) a text adaptive to provisions of domestic law in accordance with the specifications of international law. Conclusion: The Mexican Constitution is a living document that is strengthened thanks to the American Convention on Human Rights, which allows it to expand the margin of action with which the Mexican authorities must conduct themselves to guarantee and protect fundamental rights, as well as for the procurement of democracy and the rule of law.