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DER MEXIKANISCHE PRÄSIDIALISMUS UND DIE VERFASSUNG

Friedrich Wehner
Verfassung und Recht in Übersee / Law and Politics in Africa, Asia and Latin America
Vol. 10, No. 3 (1977), pp. 381-389
Stable URL: http://www.jstor.org/stable/43108601
Page Count: 9
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DER MEXIKANISCHE PRÄSIDIALISMUS UND DIE VERFASSUNG
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Abstract

The Constitution of Querétaro, dated 5th of February of 1917, was intended to be a reformed edition of the Constitution of 1857. In the constitutional reality as it has been developped since 1917, the Constitution is no longer an imitation of the model of USA, but is to be understood as an originally Mexican new Constitution. It contains elements of a socialrevolutionary character, such as a definition of the property on the soil which corresponds Aztec and Spanish traditions with the intention to spoil the privileges of the latifundists; besides new modern basic normes of a social right are stated. During the years of the twentieths the two Presidents Alvaro Obregón (1920—1924) and Plutarco Elias Calles (1924—1928) succeeded in fighting down the traditional military Caudillism. Another predominating fact was the founding of an official Party, the "Partido Revolucionario Institucional" — PRI, which stabilized the presidential government acting as an instrument to manage the elections and to dominate the masses of the people. On this basis the position of the President has reached a highly authoritative character confirming thus the tradition and constitutional reality throughout the Mexican history. Nevertheless the position of the President cannot be compared with absolutism. He is bound to observe the tasks of social progress according to the Constitution and the period of his power is limited to six years without any come-back. This was a dogma of the Revolution of 1910. People acknowledge the presidential power as legitime. Though it is contrary to elements of the written Constitution which still prescribes the division of the legislative, executive and judicial powers. This liberal dogma is no longer in action.

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