Is a new Mexican constitution necessary?

Summary

In Mexico, it is necessary to create a new constitution because the one that currently governs us is insufficient for many aspects and that is why instead of creating a new one, reforms and reforms are promoted and the only thing that is done is to patch our Magna Carta, that is why we must think big move forward as a country and decide to create a new Constitution.

introduction

In this article we will talk about a very controversial topic which is the proposal to create a new constitution, we will go step by step explaining the changes that our government has had and therefore the three Constitutions that have governed us.

We will analyze the opinions of great men who are dedicated to the study of these phenomena and proposals, it is a very important step to aspire to a new constitution although not many agree, in the end everyone has different opinions but we will study which would be the best option for our Mexico.

II. Background

Throughout time the Mexican nation has had several constitutions, taking into account that a monarchist passed through different types of governments and later became independent and free from the Spanish.

The Constitutions that Mexico has had are three:

The Constitutive Act of the Mexican Federation and the Federal Constitution of the United Mexican States of 1824 The Federal Constitution of the United Mexican States of 1857 The Political Constitution of the United Mexican States of 1917

The first Political Constitution of our country was promulgated on October 4, 1824, during the presidential term of General Guadalupe Victoria, in which, as its name indicates, the type of government that was established was that of the Federal State, established that the States had autonomy and that under certain rules they could have their own constitution and laws, it establishes a republican, representative and popular form of government.

A system of two chambers was also instituted, one of deputies and the other senators that would represent the states and the members that would represent them seriously through lessons.

In the Constitution of 1857 it was promulgated on February 5, in which federalism was established, a representative republic, it was established in a vote for all those who were 18 years old and who were married or 21 if they were not, mentioned the rights through the trial of protection, freedom of the press, omitted the freedom of worship.

The promulgation of this constitution was of great importance because it separates the church from the government with its liberal ideology, obviously the Conservative Party did not agree and consequently the Reform War began, a fight between liberals and conservatives began, but in the end three years ended with the liberal triumph and the reinstatement of the government. (Pedroza de la Llave, 2012)

After a long period and when the republic is restored, our current constitution finally emerges, on February 5, 1917, which included the blood of many Mexicans, but which was worth it as it completed human rights with the protection of groups. less favorable of the society, and several articles were eliminated such as those that mentioned the reelection of the President of the Republic and the position of Vice President.

III. Development

This issue generates controversy among law scholars since opinions are divided when considering that if a new Constitution is needed, due to the deficiency of our Constitution.

Miguel Carbonell tells us that:

The Mexican Constitution of 1917 has already completed its historical cycle. If we compare it with many of the constitutions of Latin America we will clearly see its evident delay, its lack of systematicity, its internal contradictions, its stagnation, its insufficiencies. I have no doubt that the country requires a new constitutional text, appropriate for the consolidation of a modern democracy, with a well ordered and complete catalog of fundamental rights and with better institutional arrangements regarding the division of powers.

The delay of which Carbonell speaks can be associated with what the country is suffering, I mean the dissatisfaction of the citizens for the reforms that are being enacted in different areas among which is the tax reform, the fiscal, the educational reform among others. (Arteaga Nava, 2011)

Our Magna Carta is no longer competent to solve problems of this magnitude. The government solution is to patch the law instead of being prudent and creating a new Constitution without losing the essence and content that is still functional.

However, among the doctors in law are negative opinions, they tell us that it is ignorance to think about the creation of a new Constitution if it contemplates all the problems and solves them, obviously it does not work because the government wants it this way by not respecting our articles..

Example of this is the opinion of Elisur Arteaga Nava

It is ignorance that leads to the proposal of a new Constitution. There is no national problem that cannot find a solution in the current text. This is valid despite the many flaws in it. At this moment, the urgent thing is that the governed know the Constitution, respect its text, and that the judges abide by what it orders, regardless of who is part of the processes they know. It would not hurt to let it rest for at least a year, not reform it, not tamper with it with ill-thought-out or unnecessary reforms. This could be a good New Year's resolution. (Arteaga Nava, 2011)

The ignorance of us citizens, according to an investigation, only 5% of Mexicans have read and studied the Magna Carta in its entirety, so how do we want to improve if the current constitution is not known or respected.

These two opinions of scholars of the law give us the guideline to think if we are in favor or against this proposal

Being in favor of creating a new constitution is synonymous with progress, starting with the name, that is to say, the United Mexican States is already an archaic name because not to call it as Mexico is.

Currently reforms and reforms are created, what is necessary is to stop patching our Magna Carta and promote the creation of a new one.

IV. Conclusions

Personally, if I am in favor of creating a new norm that covers all the aspects that our Magna Carta does not consider, it is time to move forward to put aside the vague ideas that the country is fine as it has been up to now, we need to improve in all senses economy, education, put aside the monopoly and start thinking big as citizens of this beautiful country.