de la Garza, José Ma. Serna --- "Mexico’s National Commission on Human Rights: an autonomous constitutional agency with too much autonomy?" [2018] ELECD 377; in Bilchitz, David; Landau, David (eds), "The Evolution of the Separation of Powers" (Edward Elgar Publishing, 2018) 236

Book Title: The Evolution of the Separation of Powers

Editor(s): Bilchitz, David; Landau, David

Publisher: Edward Elgar Publishing

ISBN: 9781785369766

Section: Chapter 9

Section Title: Mexico’s National Commission on Human Rights: an autonomous constitutional agency with too much autonomy?

Author(s): de la Garza, José Ma. Serna

Number of pages: 19

Abstract/Description:

The traditional three-branch understanding of Mexican constitution law increasingly contrasts with the emergence of a number of “autonomous constitutional agencies” that have been created in the last couple of decades to perform relevant state functions. This chapter focuses on one of the most important new agencies created in Mexico: the National Commission on Human Rights. It seeks to explain the Commission’s legal status as well as its interactions with Mexico’s Supreme Court of Justice (SCJ). Moreover, in this chapter the author argues that in spite of the fact that the Supreme Court plays some balancing role, the national ombudsman (as is also the case with the other “autonomous constitutional agencies”) is mostly unchecked concerning its actions and omissions. The chapter suggests that Mexican constitutionalism has not yet figured out how to construct a proper balance between independence and accountability in order for these institutions to achieve their full potential.