Mutantur stare decisis? The future of Precedent in México (Spanish)
In light of the 2021 constitutional amendment to Mexico‘s Federal Judiciary, this panel brings together a group of constitutional and sociolegal scholars to analyze, from a comparative perspective, the causes, features and consequences of a deepest change on judicial decision-making that seeks to transform the sophisticated and largely codified Mexican system of case-law (jurisprudencia) into a proper system of judicial precedent. Can a ‘culture of precedent‘ be developed by decree? How the recent changes can be interpreted from a historical view? What are the positive changes that the Supreme Court expects to accomplish by altering the doctrine of precedents? What can be expected from lower courts facing these changes? How will mechanisms of communication among courts be affected? These are the questions that we attempt to answer in this panel.