What does jurisprudence mean in México?

In Mexico, jurisprudencia is the array of principles, arguments, and criteria that judges are bound to use to interpret the law. It is considered as one of the sources of law.

There are three ways in which Jurisprudencia can be created: through reiteration of criteria, through the resolution of contradictory criteria and through de substitution of previous jurisprudencia.


Jurisprudencia through reiteration requires that the Supreme Court, or the other federal courts authorized to set jurisprudencia, uphold the same point of law in five consecutive judgements. It is important to highlight that each one of these separate criteria is considered a precedent and it is a non-binding guiding criterion.


Jurisprudencia through the resolution of contradictory criteria is set when the Supreme Court settles an interpretive contradiction between the Chambers of the Supreme Court or between collegiate circuit courts.


Finally, jurisprudencia can be created through substitution or modification, when existing binding decisions by reiteration or by resolution of contradictory criteria are replaced at the founded request of one of the members of the court, after a case is solved in terms of the existing binding decision.


The enforceability of jurisprudencia depends on the Court that issued it. That issued by the Full Court or the Chambers of the Supreme Court is binding for the multi-member and single-members circuit courts and the district courts, as well as for local and federal administrative and labor courts.




Source by: Supreme Court of Mexico



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