La retroactividad de la jurisprudencia. Análisis del caso mexicano con base en los formantes normativo y jurisprudencial

Translated title of the contribution: The retroactivity of jurisprudence. Analysis of the Mexican case based on the normative and jurisprudential formants

Miguel de Jesús Neria Govea, Alonso Cavazos Guajardo Solis

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Abstract

This article is the product of research supported by a data analysis methodology. The main objective is to study the theoretical position of the Mexican Supreme Court of Justice and the Judicial Power of the Federation before and after issuing the new Amparo Law regarding the applicability of the principle of non-retroactivity in the case of jurisprudence (the system of precedents in Mexico). The main findings are that even when the traditional doctrine of the Supreme Court of Justice was surpassed by the Legislative Power, by establishing the Law of Amparo the guarantee for the governed within the scope of judicial precedents, the proper development of the judicial doctrine in the jurisprudence of the Judicial Power has been reluctant to achieve a consistent position on the subject.

Translated title of the contributionThe retroactivity of jurisprudence. Analysis of the Mexican case based on the normative and jurisprudential formants
Original languageSpanish
Article number12
Number of pages14
JournalVniversitas
Volume70
DOIs
Publication statusPublished - 2021

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