Government

Political System

Mexico is a federal republic consisting of 31 states and a Federal District. During much of the twentieth century, Mexico was ruled by authoritarian governments under the control of the Institutional Revolutionary Party (Partido Revolucionaro Institucional—PRI). The PRI exercised hegemony over the political system while observing formal democratic procedures, such as regular elections, tolerance of opposition parties, and political campaigning. Mexico’s political system historically has concentrated power in the executive branch. By exercising strong leadership over the PRI party apparatus as well as their extensive constitutional prerogatives, Mexican presidents wielded formidable influence over public policy. Since 1997, however, when the first opposition-controlled Congress in Mexico’s modern history was voted into office, a more balanced relationship among the branches has developed. Following a series of political and electoral system reforms, during the 2000 elections the PRI lost its seven-decade monopoly on the presidency. The development of a three-party system at the national level has led to a more even distribution of power and has given rise to coalition-style politics. Mexican federalism has historically been weak. State and local governments rely heavily on the federal government for revenues.

Constitution

Mexico’s formal government institutions are defined by the constitution of 1917, which is widely regarded as an expression of popular will that guarantees labor and civil rights, electoral democracy, and national independence. Inspired by both socialist and classical liberal political philosophy, as well as by earlier Mexican constitutions, the drafters prescribed a federal republic with separation of powers, recognized a broad range of political and social rights, andtreated many matters of public policy explicitly. Key provisions include Article 27, which, before being amended in 1992, imposed stringent restrictions on the ownership of property by foreigners and the Catholic Church and declared national ownership of the country’s natural resources; and Article 123, which affirms a variety of labor rights, including the right to organize and an eight-hour workday, and provides for the protection of women and minors in the workplace. Constitutional amendments may be passed with a two-thirds vote of both chambers of the federal Congress and ratification by a majority of the state legislatures. The constitution has been amended extensively since 1917. Major amendments include the granting of women’s suffrage in 1953, the easing of nationalist restrictions on foreign investment in 1992, and numerous electoral system reforms during the 1980s and 1990s.

Branches of Government: The federal executive branch is headed by the president and 18 cabinet-level ministers (secretaries). The president holds the formal titles of chief of state, head of government, and commander in chief of the armed forces. Presidents are elected directly by a simple majority of registered voters in the 31 states and the Federal District. Presidents serve a six-year term (sexenio) with no possibility of re-election; there is no vice president. If the presidential office falls vacant during the first two years of a sexenio, the Congress designates an interim president, who, in turn, must call a special presidential election to complete the term. If the vacancy occurs during the latter four years of a sexenio, the Congress designates a provisional president for the remainder of the term. The president has sole authority to appoint and dismiss cabinet secretaries—except for the attorney general, who must receive the consent of the Senate.

The bicameral Congress is composed of a Senate and a Chamber of Deputies. The Senate’s 128 seats are filled by a mixture of direct election and proportional representation (96 by direct election and 32 by proportional representation from party lists). In the lower chamber, 300 deputies are directly elected to represent single-member districts, and 200 are selected by a modified form of proportional representation from five electoral regions. Senators are elected to six-year terms, and deputies serve three-year terms. All members of Congress are barred from immediate re-election but may serve nonconsecutive terms. The powers of Congress include the right to pass laws, impose taxes, declare war, approve the national budget, approve or reject treaties and conventions made with foreign countries, and ratify diplomatic appointments. The Senate addresses all matters concerning foreign policy, approves international agreements, and confirms presidential appointments. The Chamber of Deputies oversees all matters pertaining to the government’s budget and public expenditures. Each legislative chamber has a number of committees that study and recommend bills. If there is disagreement between the chambers, a joint committee is appointed to draft a compromise version.

The judicial branch is divided into federal and state systems. Additionally, justice of the peace courts are available at the municipal level. Federal district courts exercise broad jurisdiction over federal crimes and writ of injunction (amparo) suits and civil controversies regarding the enforcement or application of federal law or international treaties, among others. The rulings of federal district courts may be reviewed by collegiate and unitary circuit courts and by the Supreme Court. In 2005 the federal judicial system had 172 collegiate circuit courts (covering 29 circuits), 62 unitary circuit courts, and 285 district courts. The Supreme Court is made up of 11justices (including the chief justice). The court holds biennial sessions in which it is divided into two chambers: Civil and Criminal Affairs and Administrative and Labor Affairs.

Supreme Court justices are appointed by a two-thirds vote of the Senate from among a list of candidates submitted by the president. In the event that two-thirds of the Senate cannot agree on an appointee, the president may fill the vacancy without Senate approval. Justices serve a single 15-year term without the possibility of reappointment. The chief justice is elected from among the sitting justices by a collegial vote of the membership. He or she presides over the court for a term of four years. Chief justices may not serve consecutive terms but may be reelected by their colleagues during their 15-year tenure on the court. District and circuit judges are appointed by the Federal Judicial Council, a quasi-independent judicial branch agency chaired by the chief justice of the Supreme Court. The seven-member council is in charge of carrying out judicial career laws, overseeing judicial functioning, and selecting judges at all levels below the Supreme Court. In addition to the chairmanship, three seats are occupied by judges appointed by the Supreme Court, two seats by notable judicial scholars appointed by the Senate, and one seat by a presidential appointee. Except for the chief justice, all council members serve a single five-year term.

Administrative Divisions

Mexico is a federal republic with 31 states and a Federal District encompassing Mexico City and its immediate environs. Approximately 2,000 municipalities are legally recognized.

State and Local Government

Each of Mexico’s 31 states has its own constitution modeled on the national charter and has the right to legislate and levy taxes other than interstate customs duties. Following the federal organization at the national level, state and local governments also have executive, legislative, and judicial branches. The state executive branch is headed by a governor who is directly elected for a six-year term and may not be reelected. State legislatures are unicameral, consisting of a single Chamber of Deputies that meets in two ordinary sessions per year with extended periods and extraordinary sessions when needed. Deputies serve three-year terms and may not be immediately reelected. Legislative bills may be introduced by the deputies, the state governor, the state Superior Court of Justice, or a municipality within a given state. Governors appoint the justices of the Superior Court of Justice with the approval of state legislatures. These magistrates, in turn, appoint all lower state court judges. Municipal governments, headed by a mayor or municipal president (regente) and a municipal council (ayuntamiento), are popularly elected for three-year terms.

Judicial and Legal System

Mexico’s judicial system and legal procedures, largely derived from Spanish and Napoleonic civil and criminal codes, reflect only minimal influence from the common law tradition. The system is characterized by strict adherence to legal codes and minimal jurisprudence. The most powerful juridical instrument is the writ of amparo (literally, “refuge”), a writ of injunction that can be invoked against acts by any government official. The trial system consists of a series of fact-gathering hearings during which the court receives documentary evidence or testimony, after which a judge in chambers reviews the case file and issues a final written ruling. The record of the proceeding is not available to the general public; only the parties involved have access to the official file and then only by special motion. The law provides for the right of the accused to attend the hearings and challenge the evidence ortestimony presented. The law also guarantees the right to an attorney, although in actual practice the understaffed public defender system is characterized by low professional standards, and as a result, most indigent defendants are inadequately represented.

Electoral System

Article 41 of the constitution of 1917 and subsequent amendments regulate electoral politics in Mexico. Suffrage is universal for all citizens 18 or older, and voting is compulsory, although this provision is rarely enforced. The constitution enshrines the principle of direct election by popular vote of the president and most other elected officials. Executive officeholders may not be reelected, and legislators may not serve consecutive terms. Ordinary elections are held every six years for president and members of the Senate and every three years for deputies. Gubernatorial elections are distributed throughout a six-year presidential term (sexenio), so that no more than six governorships are contested in any given year. Elections at the federal, state, and local levels are administered by the Federal Electoral Institute (Instituto Federal Electoral—IFE). The IFE is a semi-autonomous organization established by the 1990 electoral code, consisting of representatives from government and the major political parties. During the 1990s, reforms of the IFE strengthened its capacity to serve as a nonpartisan electoral commission. These reforms included the introduction of majority nonpartisan representation (six out of 11 seats) on the IFE governing board, a legal framework for Mexican and foreign observers to monitor elections, and an independent audit of the national voter list. Voting procedures and requirements incorporate numerous safeguards against fraud, including mandatory voter registration cards bearing photo identification and fingerprints. An autonomous, seven-member Electoral Tribunal adjudicates election disputes.

Politics and Political Parties The Institutional Revolutionary Party (Partido Revolucionario Institucional—PRI) was the country’s preeminent political organization from 1929 until the early 1990s. Historically, the PRI has been ideologically a center-left party, blending nationalism with mildly redistributionist public policies. Since its founding, the PRI has portrayed itself as a champion of workers and landless peasants. However, during the mid-1980s the “technocratic” wing of the party, which favored market-oriented reform, became dominant over its populist wing. Over the course of three general election cycles (1982, 1988, and 1994), the PRI’s leadership selected presidential candidates primarily based on their ability to implement market-oriented reforms. This trend alienated much of the PRI’s populist “político” wing, prompting many party members to defect to organizations farther to the left.

Until the early 1980s, the PRI’s position in the Mexican political system was hegemonic, and opposition parties posed little or no threat to its power base or its near monopoly of public office. This situation changed during the mid-1980s as opposition parties of the left and right began to seriously challenge PRI candidates for local, state, and national offices. On the right, the National Action Party (Partido de Acción Nacional—PAN) has made the greatest inroads into national politics—most notably by attaining the presidency in 2000 and ending seven decades of PRI control over the executive branch. The PAN emerged as a conservative reaction to the nationalizations and land confiscations undertaken by PRI governments in the 1930s. Its power base is heavily concentrated in the wealthier states of the north and center of the country. The PAN resembles a standard Christian Democratic party, deriving its early support primarily from the Roman Catholic Church, the business sector, and other groups alienated by the left-wing populist policies of past PRI governments. On the left, the Democratic Revolutionary Party(Partido Revolucionario Democrático—PRD) emphasizes social welfare concerns and opposes most economic reforms implemented since the mid-1980s. Although it encompasses much of the rank and file of the former communist and socialist parties, the PRD is controlled by former PRI leaders. Several minor parties also are represented in the Congress and in state and local governments: Labor Party (Partido del Trabajo—PT), Mexican Green Ecologist Party (Partido Verde Ecologista Mexicano—PVEM), New Alliance Party (Partido Nueva Alianza), and Social Democratic and Rural Alternative Party (Partido Democracia Social y Alternativa Rural).

Foreign Relations

Traditionally, Mexico has sought to advance its interests abroad and project its influence largely through moral persuasion. In particular, Mexico has been a champion of the principles of nonintervention and self-determination. However, during the administration of President Vicente Fox Quesada (2000–2006), Mexico departed from its traditional foreign policy by supporting United Nations (UN) resolutions critical of Cuba’s human rights record and by taking a more active stance on Western Hemisphere regional issues. Mexico has also resisted efforts by the government of Venezuela to undermine a proposed Free Trade Area of the Americas. While the United States and Mexico are often in agreement on foreign policy issues, several differences remain. Mexico collaborates with the United States to combat terrorism and organized crime but opposed U.S. and British efforts to craft a UN Security Council resolution authorizing military force against Iraq in 2003. During President Fox’s term, Mexico has sought to negotiate a guest worker program that would allow greater legal migration to the United States. However, prospects for an immigration agreement were dealt a setback in the aftermath of the September 11, 2001, terrorist attacks and the ensuing concern over U.S. border security.

Human Rights

According to the U.S. Department of State, during 2005 the government of Mexico generally respected and promoted human rights at the national level; however, violations persisted at the state and local level. Government efforts to improve respect for human rights were offset by a deeply entrenched culture of impunity and corruption, particularly among elements of the law enforcement community. As in much of Latin America, prison conditions generally are poor. The law prohibits discrimination based on race, gender, disability, or religion. Although the government continued to make progress enforcing these provisions, significant problems, particularly violence against women, persisted. There was a marked increase during the year in narcotics trafficking-related violence, especially in the northern border region.

Source: Library of Congress – Federal Research Division Country Profile