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2026-03-27
Mexican Law Review
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2026-03-27
Mexican Law Review
2026-01-13
Alexander Espinoza Rausseo, Jhenny Rivas Alberti
In this article, we aim to examine the relationship between behaviors that are exclusively governed by internal legislation and those that are also subject to external legislation. The former are governed exclusively by prima facie duties towards oneself, while the latter establish the scope of prima facie duties towards others. We propose that the sphere of duties towards oneself serves as the basis for the entire system of reciprocal duties. The self-determination of the individual constitutes the cornerstone of a system of duties and rights across various levels or corresponding to the individual, social, and public spheres. Duties towards oneself allow for the evaluation of options in the cognitive process of self-regulation of the individual. From those premises, rational individuals can determine their own ends and exercise free will. This internal process is expressed in the world of the senses through behavior, which may include acts relating to oneself in the private sphere or acts relating to others in the social and public spheres. Therefore, their effects are not limited to the internal sphere but are part of complex reciprocal relationships.
2026-01-13
Paulo Borba Casella
In violation of current International Law and International Humanitarian Law in force, ongoing aggressions in Ukraine and Gaza endanger the entire international institutional and legal framework, to the extent that both deny the basic rule that the use of force does not create title over a given territory in present day international law.
2025-12-10
Pastora Melgar Manzanilla, Daniel Márquez Gómez
This article critically explores the jurisprudential construction of the human right to the free development of personality within the Mexican constitutional framework, emphasizing the interpretive role of the federal judiciary after the 2011 constitutional human rights reform. Grounded in the principle of progressivity and the broader mandate of harmonizing domestic law with international human rights standards, this article examines how the free development of personality has been shaped by judicial reasoning on diverse legal themes. Drawing on qualitative, jurisprudential-analytical methodology, it researches a selection of landmark rulings issued by the Mexican Supreme Court and federal courts. These decisions are grouped into nine main categories in which the right to free development of personality has been recognized or expanded: gender identity, recreational drug use, marriage equality, no-fault divorce, same sex concubinage, reproductive autonomy, children’s rights, bodily autonomy, and private autonomy in contractual relationships. Through doctrinal analysis and comparative reference, particularly to the German Constitutional Court’s Elfes and Cannabis decisions—this article shows the evolution of constitutional logic in Mexican case law.