"Modern democracy is the result of political liberalism insofar as it constitutes the conciliatory formula between individual freedom and social coercion."
The form of government
The term republic through the ages has had the most symbolic connotations, from the very general one that engendered its etymology (public thing) in Rome to the particular and more concrete one that Machiavelli gave, when conceptually opposing the republic to the monarchy.
From independence until the triumph of the republic, several times it was maintained within the law in the field of controversy, Republican is the government in which the head of state is not for life, but of periodic revocation, for which consultation popular will.
The republican regime is opposed to the monarchist because in this the head of the state remains in office for life, and transmits it by death or by abdication through dynastic succession, to the family member to whom it corresponds according to the law.
Democracy regarding democracy to explain it, remember the well-known Aristotelian classification, for the power of government or demand can reside in a single individual in a minority or majority in each of these foundations of government.
When the government resides in the minority, there is the pure form of the aristocracy if the minority uses power for the benefit of all, and the impure form of the oligarchy, if power only benefits the minority that holds it.
Finally, when power is used by the majority of the community, power turns out to be the pure form of democracy if that power favors everyone equally: the impure form of democracy is demagogy if it is applied only in the service of the dispossessed within From the Aristotelian classification we must understand that our constitution consecrates the pure form of democracy.
Modern democracy is the result of political liberalism insofar as it constitutes the conciliatory formula between individual freedom and social coercion. Through democracy, political liberalism answered Rousseau's question of how to find a form of society in which each one, while joining the others, obeys himself and consequently maintains his previous freedom, that form of power consisted of the state mandate is exclusively determined by the individuals subject to it.
In this way, the command object pursues the object in which to exercise the same subject from which it originates politically.
As Kelsen masterfully explains to us, he is the individual who is subject to a legal order in whose creation a free individual participates if what with the social order must do must do, coincides with what he wants to do.
Democracy means that the will represented in the legal order of the state is identical to the wills of the subjects, the opposition to democracy is constituted by the public servitude involved in autocracy. In this form of government, subjects are excluded from the legal order relationship.
The form of government
Federalism in North America
It is an extremely important characteristic since it has different and almost always exclusive jurisdiction, the central organs on the one hand and the member states on the other; the distribution of faculties of both orders called by a federal one par excellence and the regional or local achievement is in itself transcendent for the life of the country because that distribution must solve the problem of the convenience of each one of the faculties entering a and to another of the jurisdictions once the distribution of powers by the supreme law has been made.
The modern idea of the federal system has been determined by the United States of North America in this sentence, the Oxford professor summarizes the general attitude of those who, when studying the comparative law system, give it the North American realization, the quality of type and model.
Federalism was born until the consummation of the independence of the United States by virtue of the fact that by means of this force its strength of the English crown was weakened, in the case the colonies were in the case of uniting and strengthening their union in order to present a common and vigorous front in the fight against England in the process, towards the weakening of the subordination towards the metropolis.
The colonies had used the old instrument that had served to manufacture the English constitutionalism consisting of making represent in the collection and application of public funds a tactic that in itself was sufficient to lead to autonomy.
Federalism in Mexico
The federal state occupied an intermediate place between the unitary state and the confederation of states, the unitary state has political and constitutional unity, it is homogeneous and indivisible, its regions lack autonomy or self-government.
In the confederation of state that compose it, they preserve their internal and external sovereignty, so that the decisions adopted by the organs of the confederation do not directly bind the subjects of the states.
The Constitution of the United States adopted the first system that Canada's difference stems from the fact that in one case the central power was formed from what the parties agreed to give them, while the other was the parties who received life powers, when the central power is dismembered.
The federal powers cannot be extended by simple analogy or by majority reason to the other cases expressly provided for in the law, in our constitutional right, apart from the powers that, as coincidental, are among others related to the common good of the population through public services.
In the international relations of a state constituted internally in a federal state, it is where the ideas put forth by Kelsen have relatively application, as in the international sphere the division of the central state is not projected.
The states.
For Kelsen, federalism is a form of decentralization. In his concept, there are three degrees of decentralization, the commune or the municipality that enjoys a certain administrative autonomy within the framework and under the tutelage of the central state; the autonomous province, which achieves a certain constitutional autonomy, the federal state exposes Kelsen is characterized by the fact that the states have a certain degree of constitutional autonomy, that is to say by the fact that the legislative body of each member state is competent in relation with materials.
All local constitutions contemplate the classic division of powers.
The constituent element of a federal state such as the specific autonomy in the constitution.
The town.
The constitution places the municipality at the base of the territorial division and of the political and administrative organization of the states. In constitutional article 115 that refers to the municipality as well as its organization, it should be noted that the municipality is the institution that has the purest democratic origin in our treasures.
The first act of Hernán Cortés when he set foot on the ground was the foundation of Veracruz with his own council, who by granting the conqueror with the absence of the king the titles of greater justice and captain general, endowed him with the powers he lacked to undertake the conquest.
The local legislatures with two thirds of its members, may suspend town councils, declare that they have disappeared, and suspend or revoke the mandate of any of its members, the municipality is the social community that has territory and political and legal and administrative capacity to comply This great national task: no one but the organized and actively participatory community can assume the leadership of a change in economic, political and social development capable of allowing comprehensive development. Centralization has robbed the municipality of the capacity and resources to develop in every way., in its territorial and population scope: undoubtedly the time has come to reverse the centralizing trend.
Complementary regulations of our federal system
Regarding positive obligations, we have already considered that those that by provision of the supreme law have to be incorporated into local constitutions, such as those contained mainly in article 115 of the Constitution.
In the 1824 constitution there was no other provision similar to the current one, the void was filled when Arriaga said in Congress entrusted to the governors the obligation of federal laws, published, obeyed or stopped doing it as they saw fit.
The geographical chapter
We can affirm that the territory of a state is nothing other than the scope of validity of the legal order, called the state, but now the coercive power of the partially limited state, there is no doubt that it is exercised over the people, for Jellinek in one extreme, never the state he can directly if by measuring his subjects he exercises dominion over his territory.
In the field of constitutional law we think that the solution must be given by the legislator in accordance with the historical background and needs of the country for which it legislates. The doctrinal currents can only serve to locate and clarify the solution adopted by the constitution.
Kelsen indicates that in the sense that every federal system exists a total or national order that is not the sum of central and local orders, the national territory does not belong to the member states but to the nation represents a federal government.
conclusion
The independence of the United States From North America has marked a watershed in the history of countries throughout the world, more properly in Latin American states, since it influenced their federal system, which included the integration of member states to face up to the English crown and thus have more powers until achieving independence from England, in the case of our country it adopts a centralist or unitary system that was the result of a despotic and authoritarian government that did not contribute to the comprehensive development of the Mexican state.
In the international context, there have been different forms of government, one of them is the monarchy, which is corrupted and becomes an impure form of government, so we have democracy that becomes demagoguery as is the case in our country, failing to This is a development of the state itself and further lagging it to the third world.
Bibliography
Felipe Tena Ramírez
Mexican Constitutional Law.
Editorial Porrúa
History of Mexico II
Editorial Santillana.
