7 CHARACTERISTICS OF THE MEXICAN CONSTITUTION OF 1917 - HISTORY - 2025

The Mexican Political Constitution of 1917 is the legal work that establishes the set of fundamental principles on which the political and administrative organization of the United Mexican States is built.

It is founded on the ideals of representative government, the federal system, the separation of powers, the declaration of rights, popular sovereignty and the supremacy of the State over the Church.

This Constitution, unlike its predecessor promulgated in 1857 - characterized by being neutral - establishes a philosophical approach in which the government assumes as a moral obligation to play an active role in promoting the social, economic and cultural well-being of the Mexican people.

On the other hand, it is known internationally for having been the first constitution in the world to include social rights.

For this reason, at the time it was taken as a model for constitutions of other countries, such as the Russian Constitution of 1918 and the Weimar Constitution of 1919.

It was promulgated on February 5, 1917, and although it has undergone several reforms since then, it is the one that remains in force in the country to this day.

The first Monday of February of each year its promulgation is commemorated and celebrated as one of the national dates of Mexico.

Main characteristics of the Mexican Constitution

Some of the most outstanding characteristics of this Constitution are the following:

1. It is organized into 136 articles

This Constitution has a total of 136 articles, which are divided into two large groups: the dogmatic part and the organic part.

In the dogmatic part, which in the Mexican Constitution includes the first 38 articles, the rights and freedoms of all Mexican citizens are established.

It is made up of Title One, within which are the rights, duties and freedoms of citizens divided into four chapters as follows:

• Chapter I: Human Rights and their Guarantees - Articles 1 to 29. This chapter includes, among other things, the rights to education and health, freedom of the press, expression, transit, association and free worship. Similarly, the guarantee of due process and impartial justice is established.
• Chapter II: Of Mexicans - Articles 30 to 32. Here are the guidelines regarding nationality and the obligations of citizens.
• Chapter III: Foreigners - Article 33.
• Chapter IV: On Mexican Citizens - Articles 34 to 38. It establishes what refers to Mexican citizenship, loss of nationality and citizenship rights.

On the other hand, the organic part ranges from the second title to the ninth title, in which everything related to the organization of public powers, their powers, and the form of federal government is established.

2. Gives the country the form of a Representative, Democratic and Federal Republic

Article 40 establishes that the Mexican people are constituted as a representative, democratic and federal republic with the following characteristics:

• The Federation is made up of 32 states (Article 43).
• The Public Power of the Federation is divided into Legislative, Executive and Judicial, and none of them can be united under the command of a single person (Article 49). The members of the General Congress and the President are elected in a universal, direct and secret way.
• The Legislative Power is deposited in a General Congress that is divided into two chambers: the Chamber of Deputies, and the Chamber of Senators (Article 50).
• The Executive Power is exercised by a single individual, directly elected, called the President of the United Mexican States. The presidential term is 6 years (articles 80, 81 and 83).
• The Judicial Power is deposited in the Supreme Court of Justice (article 94).
• The base of the territorial division and of the political and administrative organization of the States is the Municipality. These are administered by a directly and popularly elected city council (article 115).

3. Prohibits presidential reelection

Article 83 of the Constitution establishes that under no circumstances and in no case, the citizen who has exercised the function of President of the Republic may return to exercise that position.

4. Establish a secular state

The Mexican Constitution, based on respect for the freedom of worship prevailing in the country, establishes in its article 3 that the education provided by the State will remain completely alien to any religious doctrine, it will be sustained only on the results of scientific progress, and he will fight against ignorance, servitude and fanaticism of any kind.

On the other hand, in article 5, the establishment of monastic orders is prohibited because the State cannot allow any contract, pact or agreement to be made that means the impairment, loss or irrevocable sacrifice of the person's freedom., both for reasons of religious vote, education or work.

5. Establishes the death penalty in a regulated manner

In article 22, the Mexican Constitution establishes the death penalty in the country in a regulated manner.

It expressly prohibits it for cases of political crimes, and prohibits whipping, mutilation, infamy, marks, beatings and torture of any kind as forms of conviction of any kind.

Instead, it reduces the death penalty only to crimes of Treason against the Nation within the context of a foreign war, premeditation, plagiarism, arson, pirate, inmates of serious crimes of the military order, highway robber, and in cases of treachery and patricide homicide.

6. Establishes the freedom to carry weapons

Article 10 establishes that the inhabitants of the United States of Mexico have the right to possess and use weapons at home in order to protect themselves and guarantee their legitimate defense.

However, the possession of weapons is regulated by law, which establishes a set of conditions, requirements and limits on the use and carrying of weapons by citizens.

One of them is that citizens cannot possess weapons reserved for the exclusive use of the nation's military forces.

7. Emphasizes equality before the law between men and women

In article 4, this Constitution establishes that women and men are equal before the law, and therefore both must be fully guaranteed the enjoyment of their rights and duties, without any type of discrimination.

References

1. AVALOS, F. (1992). The Mexican Legal System. Retrieved July 7, 2017 on the World Wide Web: books.google.com
2. Political Constitution of the Mexican States. Consulted on July 7, 2017 on the World Wide Web: bicentenario.gob.mx
3. GONZÁLEZ, O. (2011). The death penalty in Mexico. Consulted on July 7, 2017 on the World Wide Web: scielo.org.mx
4. Wikipedia. Wikipedia: The Free Encyclopedia. Retrieved July 7, 2017 on the World Wide Web: wikipedia.org.