The first thing that the science of right and that somehow results in one of the foundations on which it is based, is that from the moment a law (in the strict sense or a regulation) enters into force, forces everyone those it affects and no one can excuse themselves from their compliance claiming ignorance.
They are even: their obligatory nature and the use of force to enforce them, structural elements of the laws.
However, being the right a living organism in constant change, symbiotic with evolution and new realities of society, has changed the almost sacramental principle that laws HE comply always without exception.
In such a way that, the jurisprudence of the First Chamber of the Supreme Court of Justice of the Nation, published just yesterday, Friday, June 23, 2023, under the heading: “DISUSE OF A STANDARD. THIS FIGURE IS JUSTIFIED WITH RESPECT TO OBSOLETE OR ANACHRONIC STANDARDS WHEN ITS APPLICATION LEADS TO THE DIRECT VIOLATION OF A HUMAN RIGHT” comes to change this principle in a paradigmatic way.
this transcendent criterion provides that: when a rule has outgrown the context in which it was created and its application entails a direct violation of a human rightprovided that a method of interpretation cannot be resorted to due to the particular circumstances of the case, it must be determined that it has fallen into disuse, without its compliance being mandatory, in addition to being declared unconstitutional.
The room of the SCJN finds as justification for its resolution that “the disuse of a rule can become a consequence of being obsolete or anachronistic, having no support in social reality or with respect to values or principles that prevail in the present, with which it tends to lose its effectiveness.
This meaning is admitted as necessary from a constitutional perspectiveclarifying (the Chamber) that the simple gap is not a sufficient element to stop complying with a law, but that it only acquires constitutional relevance when applying the obsolete norm, it would lead to the direct violation of a human right recognized in the Political Constitution of the United Mexican States or in the international treaties of which the Mexican State is a Party, provided that it is not possible to resort to a method of interpretation to avoid that consequence.
Estimating in this way that the figure of the disuse of the norm becomes necessary when with it they are avoided human rights violations.
In such a way that, it is verified once again that the law is a science in permanent change and that what we believed as unalterable admits new realities, shaped by the natural evolution of the human being in a society that becomes more complex every day.
As always, a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!
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