What is jurisdiction in Mexico?

The Political Constitution of the United Mexican States is in charge of regulating jurisdiction in Mexico through its Article 124, and in addition to existing national jurisdiction, there is also jurisdiction in the States and Municipalities to determine the territorial limit exercised by an authority, that is to say, that the attributions and faculties of the authority are limited according to its territory and matter of competence. One has then that, the federal attributions are different from the state and municipal ones.

The powers that are not expressly granted by this Constitution to federal officials are understood to be reserved to the States or to Mexico City, in the areas of their respective competences.

Article 124 of the Political Constitution of the United Mexican States

Jurisdiction and jurisdiction

Jurisdiction is defined as the attributions that the State, that is, the country, has to impose its authority through the laws and the courts according to the matter to be questioned; For its part, judicial jurisdiction is the power that each court or court and magistrate or judge has in a specific case or matter depending on the place where it is located.

Characteristics of the jurisdiction in Mexico

  • Constitutional. It is born from the need for the legal delimitation of the territory based on the Political Constitution of the United Mexican States or Magna Carta; The Judicial Power of the Federation contains the Judicial Function in the Supreme Court of Justice of the Nation, and successively it is deposited in the Collegiate Courts and Unitary Circuit Courts, as well as in the Electoral Court of the Judicial Power of the Federation and the Council of the Federal Judiciary. The Magna Carta, in its Articles 116 and 122, establishes that the judicial functions of the States and Mexico City correspond to their respective courts.
  • Effective. Since it is final and irrevocable, producing the effect of res judicata.
  • Only. Because it is only one, regardless of the level to which it refers since it can be federal, local or municipal.
  • IneligibleWell, it only falls on the figures that occupy it, such as the court and judges.

Types of the jurisdiction in Mexico

Jurisdiction is classified in the following ways:

Voluntary and contentious jurisdiction

  • Voluntary jurisdiction. In this there is no controversy, the affected or interested parties go before a court or court with the purpose of requesting an intervention, in this type of jurisdiction a contradictory or controversial issue is not required.
  • Contentious jurisdiction It requires that there is a controversy for it to be originated, it is more common than the voluntary one.

Federal, local, and concurrent jurisdiction

  • federal jurisdiction. It corresponds to the Judicial Branch of the Federation.
  • Local jurisdiction . It corresponds to the Judicial Power of each one of the States of the Mexican Republic.
  • Concurrent jurisdiction . Jurisdiction corresponds to both levels, federal and local, according to the controversy on which the matter is concerned.

Jurisdiction by the legal branch

The Judicial Power of the Federation makes a division of the jurisdiction, according to the legal branches corresponding to the type of court or tribunal.

  • Commercial and civil. They are deposited in the civil and family courts.
  • Penal. They are deposited in the criminal courts.
  • Labor. Their controversies are deposited in the Conciliation and Arbitration Boards.
  • Fiscal. They are covered by the Federal Court of Fiscal and Administrative Justice.
  • Administrative litigation. They are resolved by administrative litigation courts.
  • Protection. They are deposited before the Federal Judicial Power where the State Judicial Power also collaborates as appropriate when permitted by the Amparo Law itself.

General and particular jurisdiction

  • General jurisdiction All controversies are known according to the established limits that are corresponding by level, and may be federal or local.
  • Private jurisdiction It focuses on the specialization of the judges or magistrates themselves in legal matters.

Own jurisdiction and delegated jurisdiction

  • Own jurisdiction It does not require that some indistinct body attribute the jurisdictional function to it.
  • Delegated jurisdiction. In this, another court intervenes jointly, for an expeditious resolution.

Judicial jurisdiction and arbitration jurisdiction

  • Judicial jurisdiction It is carried out by the State, or country, through specialized bodies.
  • Arbitration jurisdiction. It is limited in the resolution of civil problems such as food, and divorces, among others that are criminal actions.

Judicial jurisdiction, administrative jurisdiction, and legislative jurisdiction.

  • Judicial jurisdiction Circumscribes Courts and Tribunals of the Federal Judiciary.
  • Administrative jurisdiction. It belongs to the Executive Branch, it corresponds to those who settle administrative and fiscal controversies.
  • Legislative jurisdiction. He is concerned with electoral problems.

Then, you have, jurisdiction is the act of the corresponding and competent authority, to resolve any controversy when the laws established in the Mexican territory have been violated. In addition, it is an indispensable requirement, ordered by the Magna Carta, that all magistrates or judges must be impartial , that is, that they are alien to what they do to the interests of the parties involved; therefore, neither judges nor magistrates should have any kinship with the parties, nor friendship or interest; having to resolve based on the principles of legality and justice giving each one what corresponds to him.

Are you looking for a trusted lawyer?

We help you find a trusted specialist lawyer without obligation. We have a wide network of collaborating lawyers throughout Mexico.