Internal Coherence and Theoretical Syncretism in the Mexican Constitutional Bases

Abstract

In current legal theory the constitutional context is the platform for assuring rights and freedoms; however, the Mexican Constitution foresees assumptions that are mutually exclusive. This circumstance implies the prescription of a right at the Constitutional level and also a non-right; consequently, this results in a methodological syncretism. In addition to denounce such a contradiction, this article is intended to defend the premise that the Constitution requires internal coherence. Such an idea is grounded on the equality principle and the judicial interpretation as an attempt for adjusting theoretical coherence to the constitutional norms.