La controvertida inconstitucionalidad por omisión legislativa

Abstract

The main purpose of this research was to demonstrate the existence of unconstitutionality by legislative omission in Mexico. We also compare the models of omissions in other countries —comparative law—. Due to the above it is necessary to make clear that we do not judge either for or against the unconstitutionality by legislative omission. We analyze this mechanism in the models incorporated into constitutions as constitutionality control, and the jurisprudential model, which are examined through interpretative judgments. As a starting point to study legislative omissions in Mexico, we relied primarily on two studies. The first dating from 1970, is a seductive article published by Walter FRISCHI PHILIPP, and Sergio TORRES EYRAS, entitled "Unconstitutional legislative omissions in West Germany and Mexico". In this essay the main goal pursued was to draw attention of the mexican jurists to issues relating to legislative omissions, as well to stimulate discussion about this interesting field. As a second historical study of this technique, in 1978, Professor German BIDART CAMPOS presented a paper entitled "Constitutional justice and unconstitutionality by omission" at the II Mexican Conference of Constitutional Law...