Introduction
The Mexican State is a republic with a supreme power, which is divided into the three powers: Legislative, Executive and Judicial, same division that has always been present in our constitutional history, likewise and unlike the judiciary, the head of the Executive Power and the members of the Congress of the Union, are elected by the votes of the citizens deposited at the polls in the different electoral processes; The issue that concerns us is only the Legislative Power made up of the Chamber of Deputies and the Chamber of Senators, the objective of both chambers is placed on the implementation of the laws, not forgetting that the representation of Mexicans falls on the different political parties existing, which represent different ideas and interests and consequently during the legislative process there are different arguments.
The Political Constitution of the Spanish Monarchy promulgated in Cádiz in 1812 included the principle of the division of powers delegating the legislative power to the Courts with the King, the executive function to the King of Spain and the judicial power in the corresponding courts. The so-called Constitution of Apatzingán of October 22, 1814 would take up this principle in its articles 11 and 12, in a clear reference to the tradition of liberal thought, that the three powers should not be exercised by a single person, nor by a single corporation; Therefore, the division of powers has as a specific purpose the limitation of powers to guarantee freedom and thus not fall into authoritarianism, dictatorship or monarchy.
The division of powers has its constitutional basis in article 49 of the Political Constitution of the United Mexican States establishes one of the main essentials of any constitutional state of law: the division of powers: The supreme Power of the Federation is divided for its exercise in Legislative, Executive and Judicial.
The main faculty of the Congress of the Union is the elaboration of the laws and before carrying out the explanation of the procedure, we will enter the study of the theory of argumentation.
For legal scholars, the argument is found embodied in articles 14 and 16 of the Political Constitution of the United Mexican States, these articles mention the following: comply with the formalities of the procedure, found and motivate the legal cause of the procedure; and as mentioned by Robert Alexy, who conceives of legal argumentation as a linguistic activity that deals with the correction of normative statements for which he analyzes the logical structure of the foundations and their rationality. Therefore, the argumentation is the reasons for which an act of authority is based and likewise they are the reasons that any citizen has to defend himself from any act of authority or individuals.
On the other hand and directed in the legislative process with the argumentation theory approach, Robert Alexy mentions that to determine when the legislative decision is legitimate and rational, as it constitutes the result of a discursive process open to general participation, respectful of the argumentative rights of all and a reflection of an agreement that, due to the impartiality that the rules of discourse guarantee and the democratic constitutions institutionalize, is a manifestation of a general interest, expressed precisely in the general norm that the legislature dictates; Therefore, I will focus on the point of Discussion in the legislative process, by virtue of which this item is studied and analyzed by the legislators of the bill through debate, in order to form an opinion and thus issue your vote.At present, our Congress of the Union is made up of a multiparty system, each of them with very different principles, doctrine and political platform, not forgetting that the political, social, historical, economic, and philosophical contexts have a high significance in the argumentation, for which it tends to have different points of opinion during the debate of a bill and therefore on many occasions it can be prolonged for a long time or it is never discussed, commonly said that the dream of the just sleeps, clear examples in Our days are political, labor and energy reforms, among others, various special commissions have been formed by both chambers, to deal with these issues of utmost importance in the political-social life of our country, which are not only made up of legislators, but also that there is also the participation of different figures from the social sphere, so that the legislator not only has a perception of the parliamentary group to which he belongs, but also formulates a clear idea and arguments originated by society.
The steps within the discussion process are very broad and regulated by the regulations that govern the internal life of both Chambers, which include various aspects such as the first reading, second reading, motion of order, suspensive motion, discussion in general and In particular, all of them tend to create or affirm the reasons why a bill or decree will be approved or rejected, so that argumentation is a series of rhetorical mechanisms that will lead us to victory in the discussion.
Additionally, the legislator cannot foresee and regulate everything, to which it is added that societies change and new needs and situations arise that demand new answers that are not found in the code, or it is unfair and inappropriate to apply the legal solution in all circumstances to the letter, as we know every second the world is changing, however at this time I believe that for the laws to be more attached to the needs of the population, it is necessary to have legislators with more experience and legal knowledge to have laws that adhere to the new needs of the population, I do not seek with this that any citizen is a representative of the people in any of the Chambers, but on the contrary considered that a better prepared representative,it would have better arguments for the creation of new laws.
The legislative procedure is correct, because it seeks a plurality of opinions, arguments and foundations, not only of the members of the legislative power, but there is a continuous interaction with society, however, I consider that currently legislators do not represent the Mexican people, if not to the political interests of each parliamentary group; There is no doubt that there are similarities between the different currents and of course the political will to bring about the necessary reforms for our country to continue on the path of development, however for many years they have privileged political negotiation and profit in creation of the laws, a clear example of this,it is the lack of will for the Federal Electoral Institute (IFE) to be working so far with three councilors less than what our Constitution establishes.
Conclusions
The theory of argumentation is stipulated not only at the constitutional level, but also in the various regulations that govern both Chambers, as well as it is immersed in the legislative process, since its application is found in the fundamental part, which is the approval or rejection of a bill or decree, that is, it depends on the good reasons that the legislator or, where appropriate, the parliamentary group has to sustain with sufficient reasons that the bill presented in plenary session is intended to regulate of a conduct or, where appropriate, the satisfaction of the population's needs.
Therefore, it is necessary that this theory be applied in a strict way in the legislative procedure in our country, by virtue of which the reasons for which a law will be approved or rejected, are based and motivated in the different legislations and needs of the community and not for the interests of parliamentary groups or individuals.
Bibliographic references
CARBONELL, Miguel; SALAZAR, Pedro; “Division of Powers and Presidential Regime”.
SERNA de la Garza, José María; "Panorama of Mexican Law"; Parliamentary Law.
ALEXY, Robert; "Teory of argumentation juridic"; Center for Constitutional Studies.
Political Constitution of the United Mexican States.
