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THE NEW CONSTITUTION of MEXICO Author(S): Robert J THE NEW CONSTITUTION OF MEXICO Author(s): Robert J. Kerr Source: American Bar Association Journal, Vol. 3, No. 2 (APRIL, 1917), pp. 105-125 Published by: American Bar Association Stable URL: http://www.jstor.org/stable/25699853 Accessed: 04-07-2016 20:01 UTC Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://about.jstor.org/terms JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to American Bar Association Journal This content downloaded from 187.227.50.149 on Mon, 04 Jul 2016 20:01:45 UTC All use subject to http://about.jstor.org/terms New Constitution of Mexico 105 was Samuel Chase, signer of the Declaration of Independence. With such a heritage and education, it was natural for him to turn to the field of foreign law, and he early gained a reputation as an expert legal translator. His familiarity with the civil, and especially the Spanish-American law, was unsurpassed. His pub lications include the translations of the codes and laws of Cuba, Porto Rico and the Philippines, and the Civil Code and Code of Civil Procedure of Panama and the Canal Zone ; issued by the government whilst he was official translator in the War Depart ment, and of the Argentine and Peruvian Civil Codes for the Comparative Law Bureau. He left unfinished a scholarly dic tionary of Spanish legal terms. He was frequently called upon by various departments for legal research and expert translation, his official work taking him to Venezuela for the asphalt investiga tion, to Cuba during the second intervention, and to Eio de Janeiro for the third Pan-American Conference. At the time of his ?eath, he was connected with the Argentine Embassy. His loss is deeply regretted. There is perhaps no one in the United States who combines with knowledge and experience, the pains taking industry and generous devotion to scientific work for its own sake, necessary to carry on his labors. P. J. E. C. SPECIAL ARTICLES. THE NEW CONSTITUTION OF MEXICO. By Robert J. Kerb, Chicago, ' Associate Emtoe. About January 1, 1917, there was constituted for the first time in two years a representative assembly in Mexico. During this period there were issued by the several military authorities, or by the first chief of the de facto government, various decrees referring to a great variety of subjects. Owing to the necessarily temporary nature of these pronouncements it is not thought advisable to review them in detail. Nearly all of the important decrees are renewed in special pro visions of the new constitution for the Republic of Mexico, which was adopted on January 31, 1917, and promulgated February 5, 1917. The official report regarding the adoption of this constitu tion states that it was considered article by article by a body of delegates chosen from every state and territory of Mexico, a veTy i This content downloaded from 187.227.50.149 on Mon, 04 Jul 2016 20:01:45 UTC All use subject to http://about.jstor.org/terms 106 The American Bar Association Journal small number of whom were military officials. It is claimed that this is the first document of the character which has ever been produced in Mexico by a body of representative Mexican citizens composed almost exclusively of civilians. As will be seen from the following commentary, there are embodied in it provisions representing the most recent thought along certain sociological and economic lines, which fact, so its sponsors claim, entitle it to be ranked as the most progressive and modern constitution ever adopted. Owing to the great importance of this event, whether the present government is retained in power or whether its opponents, who are very numerous, succeed in overthrowing it and, with it, the constitution it has thus adopted, it seems desirable to present at some length the specific provisions of the new Constitution of Mexico, in effect May 1, 1917. FIRST TITLE. Chapter I. Of Individual Guarantees. Every individual in the United States of Mexico is guaranteed the right to enjoy the protection of this constitution, being deprived of this right only in the cases and under the conditions hereby established. Slavery is prohibited. Instruction is free and without charge in primary schools. No religious corpora tion or minister of any cult may establish or direct schools for primary instruction. No one shall be limited or hindered in the exercise of any profession or participation in industry or com merce, the law in each state determining in what professions special licenses shall be required. No one shall be compelled to perform personal services without proper compensation. The only public services which shall be obligatory are: Service in the army, service on juries, and service in connection with the elec toral machinery, the last of which shall be rendered gratuitously. The state cannot permit any contract, pact or agreement to be carried out which has for its object the restriction, loss, or irrevocable sacrifice of the liberty of a man, whether because of labor, education or religious vows. The law, therefore, cannot permit the establishment of monastic orders whatever may be their denomination or object, nor will the law recognize any This content downloaded from 187.227.50.149 on Mon, 04 Jul 2016 20:01:45 UTC All use subject to http://about.jstor.org/terms New Constitution of Mexico 107 contract in which a man renounces either temporarily or per manently the right to engage in any profession, industry or commerce. No contract of employment shall be valid for a longer period than one year (art. 5) . The expression of ideas shall not be the object of any judicial. or administrative inquisition except in cases of attack on the morals or on the rights of a third party, the provocation of crime or the disturbance of the public order (art. 6). Freedom of writing and publishing of material on any subject is inviolable. In no case can the printing machinery be seques trated as an instrument of the crime. The right of petition is permitted and every petition must be answered by the authority to whom it is directed. The right of free meeting is guaranteed, but only citizens of the Republic may meet together to discuss national political subjects. No armed meeting shall be permitted to hold deliberations. No meeting or assembly shall be considered illegal or prevented by the authori ties, even when its object is to present a petition or protest against a public official, unless harm is threatened to said official. In habitants pf Mexico may possess arms of every kind for their security and lawful defense, with exception of such arms as are reserved for the use of the armed forces of the nation. Every man, shall have the right to enter the Republic and leave it, travel through its territory and change his residence without being required to have any passport, safe conduct or other similar document. The exercise of this right is of course subordinated to the rights of the judicial power and of the administrative authorities with reference to emigration, immigration and health and subject also to the powers of the administrative authorities over pernicious foreigners resident in the country. Titles of nobility and hereditary honors and prerogatives are neither granted nor recognized in Mexico. No one may be judged by private laws or by special tribunals. No person or corporation can enjoy greater emoluments than those fixed by law, as compensation for public services. Military tribunals shall continue in existence for crimes and misdemeanors against a military official, but such tribunals are in no case and for no reason whatsoever, to extend their jurisdiction to persons who do not belong to the army (art. 13). This content downloaded from 187.227.50.149 on Mon, 04 Jul 2016 20:01:45 UTC All use subject to http://about.jstor.org/terms 108 The American Bar Association Journal No law shall have retroactive effect in prejudice of the rights of any person. No one may he deprived of life, liberty or his properties or rights, except by judicial proceedings before tri bunals previously established in connection with which all of the formalities of procedure shall be carried out in conformity with laws enacted prior to the case in question. In criminal suits the imposition of any penalty fixed by analogy or argument and not depending upon a law already in force which is exactly applicable to the crime in question is forbidden. In civil cases the final decree must conform to the letter or the juridical inter pretation of the law, and in default of this shall be founded on general principles of justice (art. 14). The celebration of treaties for extradition of political prisoners or of delinquents who are treated as slaves in the country where the crime was committed is forbidden, as also are agreements or treaties by virtue of which the guarantees and rights established by this constitution for men in general and for citizens are sought to be altered (art. 15). No one may be molested in his person, family or home except by legally authorized written order. Only the judicial authorities may issue orders for the apprehension or detention of a person and then only upon an accusation or complaint as to a determined fact which the law punishes with corporal punishment, except in cases of " flagrante delicto/' No one may be imprisoned for debts of a purely civil character.
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