law-services

The Legal System in Mexico

The Mexican legal system is based in civil law it contains very unique components, although it is inspired specially by the French legal system, and has also adopted some influences from the legal system of the United States of America. The Federation’s supremacy is recognized by the three supreme branches which represent the entire population: (i) the Executive Branch, in charge of running and managing the country, (ii) the Legislative Branch, who is in charge mainly of the creation and modification of laws, and (iii) the Judicial Branch, responsible of applying and enforcing the law, as well as issuing precedents on the interpretation of the law.

The Executive branch is headed by the President of the Republic, which is directly elected by all citizens of legal age to serve six-year terms without the possibility of reelection, and in a state and municipal levels, by governors and mayors directly elected by the residents of each state and municipality, respectively. The Legislative branch is vested upon the Congress of the Union, which is divided into two chambers: the House of Representatives and the Senate, whose members are also directly elected by the people, and by the local state legislatures. The Judicial branch is the only one which is not comprised by publicly elected individuals, as it is headed by the Supreme Court followed by Circuit Courts, District Courts and the local courts, which vary from jurisdiction to jurisdiction. Mexican laws are divided by their hierarchic grade and their applicability.

The Constitution is the supreme law in Mexico, followed by the federal laws and regulations and by the international treaties which have been approved by Mexico in accordance with Mexican law, and then followed by state codes and municipal regulations. It is important to point out that despite the federation system and the diversity of the laws and codes, attorneys who have been admitted to practice law in Mexico by the Mexican Ministry of Education are authorized to practice law throughout all of the Mexican territory, regardless of their location or principal place of practice within Mexico.