Politics of Mexico
The government system of the United Mexican States is a representative, democratic, federal and secular republic. Its highest law is its magna carta, the Political Constitution and according to it sovereignty and public power are the origin and correspondence of the People, and it is the People who decide to exercise it through a system of separation of powers: the executive (President), the legislative (Congress of the Union) and the judicial, deposited in different institutions, whose head is the Supreme Court of Justice.
The representativeness of public power is deposited mainly in a multiparty system, where political parties are the main entity of citizen participation, all regulated by autonomous electoral institutions (National Electoral Institute, Electoral Tribunal and Electoral Prosecutor), notwithstanding what According to a study by the National Autonomous University of Mexico, 74% of Mexicans consider that their country's electoral system is not transparent, and they distrust the official results. The Mexican political system includes autonomous bodies that serve counterweight in specific areas (Attorney General of the Republic, CNDH, Superior Audit, Bank of Mexico, INEGI, Cofece, IFT and INAI).
Territorially, it is constituted by thirty-one free and sovereign states (and these, in turn, by municipalities) in everything concerning their internal regime, and by the capital of the country, Mexico City (made up of territorial demarcations)., united in a federation established according to the principles of its constitution.
The Powers of the Union
The federal government, constitutionally called the Supreme Power of the Federation, is made up of the three powers of the Union: the executive power, the legislative power, and the judicial power. Mexico City is the capital of the federation and the headquarters of the Powers of the Union. The three powers are independent of each other; two powers cannot be vested in a single person or institution, and the legislative power can never be exercised by a single individual.
Executive Branch
The President of the United Mexican States is the holder of the executive power of that country. He is both head of state and head of government, and he is also the supreme commander of the Armed Forces.
He is elected by direct and universal vote. Once elected, he takes office on December 1 of the election year. But after the 2014 Electoral Reform, the president will take office on October 1 of the election year. His position lasts a period of six years, with no possibility of re-election, not even in the case of having served as interim, provisional or substitute. The position of President of the Republic can only be resigned for serious reasons, which must be qualified by the Congress of the Union. In case of death, dismissal or resignation, the Secretary of the Interior assumes the position immediately and provisionally (if the absence is the day of the inauguration, it would be the president of the Senate, the provisional president), then, with the reservations contemplated in the constitution, it is up to Congress to appoint a substitute or interim.
The current Constitution of 1917 provides for this charge in its third title, third chapter and is addressed by fifteen articles. They specify the obligations, powers, requirements and restrictions to the position; specifications ranging from the command of the armed forces; ownership of foreign, economic, social development and public security policies; the promulgation and execution of laws issued by the legislature; propose appointments to positions that require the approval of the Senate or the Supreme Court; and various prerogatives granted in other articles of the same magna carta and federal laws.
The President is the head of the Federal Public Administration and is assisted by a cabinet made up of various State Secretariats, federal agencies, decentralized agencies and state-owned companies, which are in charge of various public interest portfolios, as well as different advisors attached to the so-called Office of the Presidency.
Historically, their protection was the responsibility of the Presidential General Staff, which was the military technical body that assisted the President of the Republic in obtaining general information, planning the personal activities of the position, carrying out safety precautions, and participated in the execution of the appropriate activities for these purposes. However, its structure was dissolved as of December 1, 2018. The president's protection remained in the hands of a group of professionals with training in personal security and without weapons, known as Ayudantía and integrated by 20 people; along with experienced elements of the also defunct Cuerpo de Guardias Presidenciales, attached to the Mexican Army, monitor areas and work areas of the president.
Legislative branch
The Congress of the Union is the depositary body of the federal Legislative Power of Mexico. This is made up of a bicameral assembly, divided between the Senate –consisting of 128 members– and the Chamber of Deputies –consisting of 500 legislators–.
The current Constitution of 1917 provides for this body in its third title, chapter II, sections I, II and III, and addressing it in twenty-eight articles. They specify the obligations, powers, requirements and restrictions of the legislative apparatus; mainly the exclusive faculty between the powers of the union (and distributed between the two chambers) to study, discuss, vote and issue the initiatives of laws, regulations, codes, norms and the reforms to all of this, that are presented during their periods of sessions, that is, it has the deliberative action to legislate on all matters of the Mexican State.
Their duties also include determining the composition of the political division of the national territory; the power to change the headquarters of the powers of the union; approve the President's declaration of war; the approval of initiatives, rendering of accounts, requirement of appearances and eventual removals of the heads or members of the three powers of the Union, including the president of the republic; the election of the interim or replacement of the latter; and various prerogatives granted by other articles of the Magna Carta and federal laws.
Chamber of Deputies
The Chamber of Deputies of the Congress of the Union, is the lower chamber of the federal Legislative Power of Mexico, integrating together with the Senate of the Republic, a bicameral assembly in which this power is deposited. It is made up of representatives of the Nation, which are 500 deputies elected in their entirety for a period of three years, which begins on September 1 of the election year (August 1 if it coincides with the presidential election). Its headquarters is the Legislative Palace of San Lázaro in Mexico City.
The total of its members is divided into two principles of election: 300 deputies directly elected, one for each of the federal electoral districts that make up the country; and 200 deputies who are elected according to the principle of proportional representation, through the system of regional lists, voted in five multi-member constituencies.
The current Constitution of 1917 provides for this body in its third title, chapter II, sections I, II and III, and specifically addresses it in nine articles. They specify the obligations, powers, requirements and restrictions of the chamber. Its exclusive powers include publishing the official declaration of President-elect issued by the Electoral Tribunal; Coordinate and evaluate the Superior Audit of the Federation; ratify the appointment of Secretary of the Treasury; approve the National Development Plan; the legislative ownership in relation to the budget and income proposed by the executive branch; the power to decide whether to proceed or not, against any member of the powers of the union (except the President, a matter that corresponds to the Senate) in case of committing a crime, under the terms of article 111 of the Constitution; designate the heads of the autonomous bodies (INE, CNDH, Superior Audit, Bank of Mexico, INEGI, Cofece and IFT); and all those responsibilities granted by other articles of the same constitution and federal laws.
Chamber of Senators
The Chamber of Senators of the Congress of the Union or Senate of the Republic is the upper chamber of the federal Legislative Power of Mexico, integrating together with the Chamber of Deputies, a bicameral assembly in which this power is deposited. It is made up of representatives of the federal entities, which are 128 senators elected in their entirety for a period of six years, which begins on September 1 of the year of the election.
Its headquarters are located at the intersection of two of the most important avenues in Mexico City, Avenida Paseo de la Reforma number 135, exactly where it intersects with Avenida de los Insurgentes, within the Cuauhtémoc Delegation. The previous seat of the Senate was located in the Historic Center of the same city, in a building known as the Antigua Casona de Xicotencatl.
The total number of its members is divided into three principles of election: 64 directly elected senators, two for each of the 32 federal entities (31 states and Mexico City) that make up the country; 32 senators assigned to the first minority, that is, the second place in the election, this is one for each federal entity; and 32 senators who are elected according to the principle of proportional representation, through the system of a national list, according to the percentage of votes obtained in the country.
The current Constitution of 1917 provides for this body in its third title, chapter II, sections I, II and III, and specifically addresses it in five articles. They specify the obligations, powers, requirements and restrictions of the chamber. Its exclusive powers include legislating in matters of foreign policy; approve or not the international treaties and conventions signed by the President of the Republic; authorize all types of movement of the Armed Forces, either within the national territory (through the National Guard) or outside it, as well as the transit of foreign troops within the country; ratify all executive appointments in matters of the Armed Forces and foreign policy; declare the disappearance of state powers, designating an interim government and establishing the methods for its eventual replacement; designate the Ministers of the Supreme Court, this with the short list proposed by the executive; legislate in matters of national security, including the approval of proposed government policy; designate the Attorney General of the Republic; decide through decrees on border limits of the states; the power to decide whether or not to proceed against the President of the Republic in case of committing a crime, under the terms of article 110 of the Constitution, and all those prerogatives granted by other articles of the Constitution and federal laws.
Judicial branch
The Federal Judicial Branch is one of the three branches of the Union into which it divides the exercise of government in Mexico. It is made up of the Supreme Court of Justice of the Nation, the Federal Electoral Court, the Federal Judicial Council, the District Courts, the Collegiate Circuit Courts and the Unitary Circuit Courts. Its foundations are found in Title III, Chapter IV (covering fourteen articles) of the Political Constitution of the United Mexican States and the Ley Orgánica del Poder Judicial de la Federación. The Federal Jury of Citizens and the courts of the States and of Mexico City, can act in aid of the Federal Justice, in the cases provided for by the Constitution and the laws. The administration, surveillance, and discipline of the Federal Judicial Power, with the exception of the Supreme Court of Justice and the Electoral Tribunal, is the responsibility of the Federal Judicial Council. In this power and its set of organs, the power to impart justice in all institutional aspects of the Mexican state is deposited; the application of legal norms and principles in the resolution of conflicts; and in all areas of the application of Law and the interpretation of laws in society (civil, criminal, constitutional, commercial, labor, administrative, fiscal, procedural, etc.)
Supreme Court of Justice
The Supreme Court of Justice of the Nation is the highest judicial body, constitutional court and head of the Federal Judicial Power of Mexico. It is made up of eleven Judges or Magistrates, called Ministers; one of whom is designated, for a period of four years, as its President, who is responsible for the management of the organization and the highest representative before the other powers.
The current Constitution of 1917 provides for this body in its third title, chapter IV, and addressing it in five articles. They specify the obligations, powers, requirements and restrictions of the court; mainly the exclusive power, between the organs of the same judicial system, to study, discuss, and issue final sentences in constitutional controversies or actions of unconstitutionality, that arise between the powers of the Union, state powers, municipal authorities, autonomous bodies, or the contradiction of a norm with the Magna Carta. In other words, it is up to him to ensure the order established by the Constitution and maintain the balance between the various government institutions. Its duties also include, as a last legal instance, definitively resolving judicial matters of great social relevance, through the jurisdictional resolutions it issues. Due to the foregoing, and as it is the main and highest court of a constitutional nature, there is no body or authority that is above it or judicial remedy that can be filed against its decisions.
The ministers are appointed by the Chamber of Senators, based on a list of three candidates proposed by the President of the Republic; They last fifteen years in their position and can only occupy it again, if they previously did so as interim. Its work is distributed through Plenary Sessions (with the presence of the eleven ministers), and sessions in Rooms (two made up of five ministers each). Each format and room with different judicial competences, being those of plenary session, those of greater hierarchy. Neither the constitution nor the respective law establish inauguration dates for the ministers, these occur as soon as the appointment is given. While the periods of sessions in the court, are determined by the Organic Law of the Judicial Power of the Federation, being two a year; the first will begin on the first business day of the month of January and will end on the last business day of the first fortnight of the month of July; the second will begin on the first business day of the month of August and will end on the last business day of the first fortnight of the month of December.
State and local authorities
The entities of the Mexican Federation are free and sovereign, autonomous in their internal regime. They have the power to govern themselves according to their own laws; They have their own constitution that must not contradict the principles of the federal constitution. The powers of its executive and legislative powers are understood as those that are rights of the entities; as the ownership of the command of the public force (state police and assigned national guard); directing and regulating their own economic, social development and public security policies; as well as the administration of those resources that arise from their local taxes or their own income.
States may not make alliances with other states, or with any independent nation, without the permission of the federation. They are also prohibited from minting coins; tax merchandise or transit of Mexicans and foreigners; incur external debt; legislate on fiscal matters for those economic aspects that are exclusive to the federal government and have its own Armed Forces.
The political organization of each state is based on a separation of powers: Legislative power rests with a unicameral congress; executive power rests with a governor elected by universal suffrage; and the judicial power falls on a Superior Court of Justice. Since the states have legal autonomy, each one has its own civil and penal codes, in addition to public security forces. However, it is up to the Senate to resolve differences in territorial limits or declare the disappearance of powers in case of serious alteration of the state. order; and to the Supreme Court of Justice to resolve constitutional controversies between the entities, or these with their municipalities, the federal powers and the autonomous bodies.
In the Senate of the Republic, the federal entities —the States and Mexico City— are represented by three senators: two elected by universal suffrage based on the principle of relative majority and one assigned to the party that obtains the first minority. In addition, the federation forms a constituency from which 32 senators are elected according to the method of proportional representation with open party lists. The deputies, on the contrary, do not represent the states, but the citizens.
Internal organization of states
The states are divided internally into municipalities —or mayoralties, in the case of Mexico City—. Each municipality enjoys autonomy in its ability to elect its own council, which is responsible, in most cases, for providing all the public services that its population requires. This concept, which would arise from the Mexican Revolution, is known as free municipality. The council is headed by a municipal president, elected every three years. Each municipality has a council made up of councilors based on their population size and trustees according to the number established by state law. In total in Mexico there are 2466 municipalities; the state with the highest number of municipalities is Oaxaca, with 570, and the states with the lowest number are Baja California and Baja California Sur, with only 5.
At the same time, municipalities are empowered by local constitutions to organize themselves territorially; most of them calling Delegations those communities located outside the urban area that constitutes the so-called Municipal Headquarters. Although these do not have greater autonomy than the election of their delegate and participation in community development projects; since the functions of these administrative entities are merely executory of the determinations of the city council.
They are also empowered to coordinate their organization with those municipalities with which they constitute, according to the INEGI categorization, a Metropolitan Zone.
Mexico City
Mexico City is the federal entity seat of the Powers of the Union and Capital of the United Mexican States; it enjoys autonomy in everything concerning its internal regime and its political and administrative organization. In accordance with the characteristics of the states, the capital of the country deposits its local powers in a Head of Government, Legislative Assembly and a Superior Court of Justice. It is divided into Demarcations that have the same executive powers of a municipality, but without the legislative powers (city council) of these.
Electoral system
Suffrage is universal, free, secret and direct for all Mexican citizens of legal age (18 years); It is mandatory, but without penalty in case of non-compliance. The national identity document in Mexico is the voting card, so citizens are automatically registered for the elections. All elections are direct; that is, there are no intermediary institutions to vote for any representative (such as an Electoral College).
The electoral process is understood as the phases that constitute the electoral cycle, in the terms provided by the electoral law, that is, the one governed by the General Law of Electoral Institutions and Procedures and also with the established in article 41 of the Constitution.
In general terms, these regulations establish the rights, faculties, prerogatives and obligations for citizens, political parties, the powers of the Union and its dependencies in electoral matters. Appoints the National Electoral Institute as organizer, inspector, authority and person in charge of the electoral processes. It defines the Federal Electoral Tribunal as the qualifier and legal instance to settle the controversies that arise from the elections.
During the first stage of the election process, various activities are carried out, including electoral campaigns, which will last ninety days. The campaigns must end three days before the electoral date and from that moment on, any dissemination of propaganda, as well as surveys or statistical studies on the elections, is prohibited.
Elections were previously held on the first Sunday in July of the election year, however, following the 2014 political-electoral reforms, they were changed to the first Sunday in June of the election year. Polling stations open at 8:00 a.m. and close at 6:00 p.m. without any intermediate closure. Once the polling station is closed, all the ballots are counted and those that are left over are canceled, the minutes where the results are established are filled out and signed in accordance by the polling station officials and the representatives of the political parties, everything is integrated in a package that is sealed and that the polling station president proceeds to deliver to the District Council, which is the body in charge of counting electoral packages.
The stage of results and declarations of validity of the elections, begins with the delivery to the district councils of the documentation and the electoral files, and concludes with the computations and declarations made by the councils of the National Electoral Institute or the resolutions of the Electoral Tribunal. It is the latter who declares the validity of the election and will issue the opinions that declare the winning candidates elected.
Mexican law does not contemplate internal selection methods for candidates in political parties, and leaves the way to select them in the hands of their internal statutes. However, there are specifications for independent candidates, such as a first cut (which could well be interpreted as a primary round) of applicants, in which those initially registered must gather a certain number of signatures that support their viability to appear on the ballots. The Mexican electoral system does not contemplate the second round, so for the winning candidate it will be enough to exceed the number of votes in second place, even by one.
Presidential elections, in which the Congress of the Union is also renewed in its entirety, occur every six years; while the absolute renewal of the Chamber of Deputies occurs every three years. Normally in federal elections there are a large number of local elections. State elections are held at different times depending on the state, and are not necessarily concurrent with any of the federal elections.
Political parties
Political parties are entities of public interest whose purpose is to promote the participation of citizens in democratic life, contribute to the integration of national representation and, as citizen organizations, make it possible for citizens to exercise power. public, in accordance with the programs, principles and ideas that they postulate and through universal, free, secret and direct suffrage.
Only citizens may form political parties and join them freely and individually; therefore, the intervention of union organizations or organizations with a different social purpose in the creation of parties and any form of corporate affiliation are prohibited. Political parties will be governed internally by their basic documents, they will have the freedom to organize and determine themselves in accordance with the norms established in the Federal Code of Electoral Institutions and Procedures and those that, according to it, establish their statutes.
Political parties with national registration have the right to participate in federal and all local elections, while those with local registration can only participate in local elections of the entity where they are registered.
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