Velasco-Rivera, Mariana
(2021)
Constitutional rigidity: The Mexican experiment.
International Journal of Constitutional Law, 19 (3).
pp. 1042-1061.
ISSN 1474-2640
Abstract
The constitutional amendment mechanism of the Mexican Constitution of 1857 (reproduced
in the Constitution of 1917) and Article V of the US Constitution are very similar in design.
Both require a two-thirds majority of each of the houses of a bicameral Congress and ratification by the states (half of the state legislatures in Mexico and three-fourths in the United
States). Both articles were the result of an experiment aiming at striking the right balance
between rigidity and flexibility. Yet, while characterized by similar levels of formal rigidity,
these experiments have had the exact opposite effect. While the US Constitution has been
described as one of the world’s most rigid and has only been amended twenty-seven times,
the Mexican Constitution of 1917 has gone through over 700 amendments. Why are the
amendment rates so divergent? This article argues that Mexico’s amendment practice offers
an opportunity to deepen our knowledge about how non-institutional factors condition the
way amendment provisions work and, thus, to dispel the idea that amendment difficulty is
institutionally determined. In particular, there are at least three lessons that may be drawn
from the Mexican case: (i) constitutional scholarship needs to shift its attention to political
parties and party systems; (ii) unwritten rules influencing the behavior of party members
need further study; and (iii) we must carefully look at the agency of constitutional decision makers, specifically regarding the choices they make among different means to advance their
interests and agendas.
| Item Type: |
Article
|
| Keywords: |
Constitution-US;
Constitutional amendments;
Constitutional law;
Experiments;
Government & Law; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
18551 |
| Identification Number: |
https://doi.org/10.1093/icon/moab087 |
| Depositing User: |
Dr Mariana Velasco Rivera
|
| Date Deposited: |
17 May 2024 15:04 |
| Journal or Publication Title: |
International Journal of Constitutional Law |
| Publisher: |
Oxford University Press |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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