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Voting, Arguing and Drafting: Producing a Judgment to the Martín del Campo Case

Doxa. 2017;0(40):281-299 DOI 10.14198/DOXA2017.40.11

 

Journal Homepage

Journal Title: Doxa

ISSN: 0214-8676 (Print); 2386-4702 (Online)

Publisher: Universidad de Alicante

Society/Institution: Universidad de Alicante

LCC Subject Category: Law: Law in general. Comparative and uniform law. Jurisprudence: Jurisprudence. Philosophy and theory of law

Country of publisher: Spain

Language of fulltext: Spanish

Full-text formats available: PDF

 

AUTHORS


Roberto Lara Chagoyán

EDITORIAL INFORMATION

Double blind peer review

Editorial Board

Instructions for authors

Time From Submission to Publication: 6 weeks

 

Abstract | Full Text

The decision-making in the Mexican Supreme Court consists of a process that encompasses the distribution of a draft judgment, deliberation and voting. Once justices reached an agreement, one of them becomes in charge of preparing a final judgement that, in theory, must resemble such agreement. In practice, however, some judgments do not reflect neither the arguments nor the agreement made by justices. The purpose of this article is to analyze in depth one of this cases in order to provide some remarks about the implications of the Court’s decision-making process for Mexico’s legal system. Also, the paper debates about one of the case’s major topics: the lack of providing an analysis regarding the obligatory status of the Inter-American Commission on Human Rights’ Reports on merits.