La Reforma Constitucionalproblemas en torno a la mutación constitucional

Abstract

In Mexico, both the constitutional reform procedure and the jurisdictional praxis of constitutional mutation, through interpretation, have meant the mechanics of change and adaptation of the Constitution to the political-social reality. Mexico has been characterized by the daily use of the reform to deal with the ups and downs and demands of its society. However, no less true is that, under the name of "protector of the Constitution", the highest courts in the country, making use of constitutional interpretation, have on many occasions endowed the Supreme Norm with diverse and hyper-extended contents, of those granted by the Constituent Power of 1917. The excessive use and lack of constitutional will, in addition to the alleged lack of knowledge of limits to the action of the constituted powers, among them, the Judiciary, has led the Courts, faced with the alleged protection of carrying out mutations to the Constitution with the issuance of their sentences, come to violate the Fundamental Legal-Political Code, under the idea that their functions as interpreter are unlimited. The false appreciation and understanding of its creation, function and limits, materializes a problem that is contained in the Constituent Power Theory.