Constitutional law attorneys in Mexico
Constitutional law defends human rights and the legal order against laws and acts that contradict the Constitution. It comprises amparo, constitutional controversies, and actions of unconstitutionality before the Supreme Court. Our lawyers build the strategy to protect your fundamental rights.
Consult with a lawyerConstitutional law studies the Political Constitution of the United Mexican States as the supreme norm and the mechanisms to enforce it. Since the 2011 human-rights reform, Article 1 incorporates the pro persona principle, conventionality control, and the obligation of all authorities to promote, respect, protect, and guarantee the rights recognized in the Constitution and in international treaties.
The means of constitutional control in the hands of the Supreme Court of Justice of the Nation are, besides amparo, constitutional controversies (controversias constitucionales) and actions of unconstitutionality (acciones de inconstitucionalidad), provided in Article 105. Controversies resolve jurisdictional conflicts between the branches and levels of government: the Federation, states, municipalities, and Mexico City. Actions of unconstitutionality raise the abstract contradiction between a general norm and the Constitution, and may be brought by legislative minorities, the Attorney General's Office, the National Human Rights Commission, and political parties, among others.
The general declaration of unconstitutionality allows the Court, after repeated jurisprudence in indirect amparo, to expel a norm from the legal order with general effects, except in tax matters. Diffuse control empowers all judges to decline to apply norms contrary to the Constitution or to treaties in the specific case.
In practice, constitutional law intertwines with amparo litigation for high-impact cases: freedom of expression, equality and non-discrimination, due process, the rights of vulnerable groups, and control of legislative reforms, often through strategic public-interest litigation.
Governing laws constitutional law
- Constitución Política de los Estados Unidos Mexicanos
- Ley Reglamentaria de las Fracciones I y II del Artículo 105 Constitucional
- Ley de Amparo
- Tratados internacionales de derechos humanos (Convención Americana, entre otros)
- Ley Orgánica del Poder Judicial de la Federación
- Jurisprudencia de la SCJN y de la Corte Interamericana de Derechos Humanos
Process and timelines
The constitutional controversy is brought before the SCJN, generally within 30 days, and the action of unconstitutionality within 30 calendar days from the publication of the norm. Both are conducted in writing with instruction, evidence, and a draft judgment by the reporting justice, and their resolution may take from one to several years. Amparo to claim violations of fundamental rights follows its own deadlines of 15 or 30 days and may reach the Court on review.
Documents usually required
- General norm, decree, or act being challenged and its official publication
- Document establishing the standing of the petitioner
- Statement of the grounds of invalidity or of constitutional violation
- Precedents and jurisprudence applicable to the case
- Power of attorney or resolution of the body authorizing the filing
- Documentary evidence of the grievance, where applicable
How much does it cost?
Given its complexity and the instance, constitutional litigation is usually quoted per project and involves extensive legal research and sometimes expert opinions or amicus curiae briefs. In strategic human-rights litigation there are firms and organizations that work pro bono. Be wary of anyone who guarantees the Court will rule in your favor: its decisions are made by a vote of the full bench and set criteria that go beyond the specific case.
When do you need this lawyer?
Turn to a constitutional lawyer when a newly published law or reform violates your rights, when there is a jurisdictional conflict between authorities, or when you face a serious violation of fundamental rights that warrants strategic litigation before the federal courts and, where applicable, the Supreme Court. Also when you seek to decline to apply an unconstitutional norm in a specific trial through diffuse or conventionality control.
Red flags when hiring
- Guaranteeing the outcome of the full Supreme Court's ruling
- Confusing the amparo route with that of a controversy or action
- Promising general effects without meeting the requirements of the declaration
- Ignoring the 30-day deadlines to challenge the norm
- Charging for constitutional litigation without experience in the federal courts
Lawyers for constitutional law
Frequently asked questions
What does a constitutional law attorney do in Mexico?
A lawyer who specializes in constitutional law advises and represents individuals and companies in matters governed by this area. In practical terms, it is a field of federal jurisdiction, so it is governed by federal laws and heard before district courts. Matters are resolved mainly before specialized courts. The central applicable rule is the Political Constitution of the United Mexican States.
What laws govern constitutional law in Mexico?
The main applicable provisions are: the Political Constitution of the United Mexican States; the Regulatory Law of Sections I and II of Article 105 of the Constitution; the Amparo Law (Ley de Amparo); international human rights treaties (the American Convention, among others); the Organic Law of the Federal Judiciary; and case law of the SCJN (Mexico's Supreme Court) and of the Inter-American Court of Human Rights. An attorney experienced in the area interprets how these rules combine in your specific case and which judicial criteria are relevant.
Can I file an amparo (constitutional relief action) in a constitutional-law matter?
Yes. In constitutional law it is common to resort to the amparo proceeding (constitutional relief), governed by the Amparo Law (Ley de Amparo), when an act of authority violates fundamental rights or unconstitutional rules are applied. Amparo has strict deadlines (as a general rule, 15 business days), so it is best to act quickly.
How much does it cost to hire a constitutional lawyer?
Given its complexity and the instance, constitutional litigation is usually quoted per project and involves extensive legal research and sometimes expert opinions or amicus curiae briefs. In strategic human-rights litigation there are firms and organizations that work pro bono. Be wary of anyone who guarantees the Court will rule in your favor: its decisions are made by a vote of the full bench and set criteria that go beyond the specific case. Modalidades habituales: igualada mensual, cobro por hora, cuota litis (porcentaje sobre el resultado) o esquemas mixtos. En Letrados.mx nuestros abogados te explican sus honorarios por adelantado.
How urgent is it to deal with a constitutional law matter?
A constitutional law matter allows for some preparation, but it is best not to let the deadlines run. Even so, the sooner you get guidance on your constitutional law case, the more options you will have.
What documents do I need for a constitutional law matter?
Suele pedirse: General norm, decree, or act being challenged and its official publication; Document establishing the standing of the petitioner; Statement of the grounds of invalidity or of constitutional violation; Precedents and jurisprudence applicable to the case; Power of attorney or resolution of the body authorizing the filing; Documentary evidence of the grievance, where applicable. No te preocupes si te falta alguno: el abogado te indicará cómo obtenerlo.
How do I choose a good constitutional lawyer?
Verify their cedula profesional (professional license) in the SEP's Registro Nacional de Profesionistas (National Registry of Professionals), confirm that they have concrete experience in constitutional law -being a general lawyer is not enough- and ask them to explain the strategy and the fees in writing before the specialized courts. Every constitutional law lawyer at Letrados.mx has a verified cedula profesional.
How long does it take to resolve a constitutional law matter?
The constitutional controversy is brought before the SCJN, generally within 30 days, and the action of unconstitutionality within 30 calendar days from the publication of the norm. Both are conducted in writing with instruction, evidence, and a draft judgment by the reporting justice, and their resolution may take from one to several years. Un abogado de derecho constitucional puede darte una estimación realista tras revisar tu caso.
Is the first consultation with a constitutional-law attorney free?
Yes. At Letrados.mx the first assessment of your constitutional law case is normally free. Describe your case and a lawyer specialized in constitutional law will review it and advise you before you decide whether to proceed.
Do you handle constitutional law cases throughout Mexico?
Yes. We handle constitutional law cases in all 32 states of the federation. When you indicate your state and city we assign you a lawyer who knows the courts and local rules that apply to a constitutional law matter.
What warning signs should I avoid when hiring in constitutional law?
Ten cuidado con: Guaranteeing the outcome of the full Supreme Court's ruling; Confusing the amparo route with that of a controversy or action; Promising general effects without meeting the requirements of the declaration; Ignoring the 30-day deadlines to challenge the norm; Charging for constitutional litigation without experience in the federal courts. Un abogado serio te da certidumbre por escrito y nunca garantiza resultados imposibles.
What happens after I describe my constitutional law case on Letrados.mx?
We receive your request, assign the constitutional-law lawyer on our team best suited to your area, and pass your case to them so they can contact you. The first consultation is free.
Need a lawyer?
Describe your case and one of our lawyers will contact you. Free and with no obligation.
Request a free consultationThe information on this site is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. For your specific case, schedule a consultation with our lawyers.