Rule of Law and Fundamental Rights Critical Comparative Analysis of

This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship be

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Rule of Law and Fundamental Rights Critical Comparative Analysis of Constitutional Review in the United States, Germany and Mexico

Rule of Law and Fundamental Rights

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Alfredo Narva´ez Mede´cigo

Rule of Law and Fundamental Rights Critical Comparative Analysis of Constitutional Review in the United States, Germany and Mexico

Alfredo Narva´ez Mede´cigo Berlin, Germany

The publishing costs were partially covered by the German Academic Exchange Service (DAAD) ISBN 978-3-319-24561-4 ISBN 978-3-319-24562-1 DOI 10.1007/978-3-319-24562-1

(eBook)

Library of Congress Control Number: 2015955264 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com)

Acknowledgements

This work would not have been possible without the financial support of the Mexican Council for Science and Technology (CONACYT) and the German Academic Exchange Service (DAAD). I would like to thank very specially Prof. Dr. Gunnar Folke Schuppert for his generous and patient guidance as supervisor of this work. His readiness to help me overcome the many “conceptual crises” in which I fell and keep myself always focused really made the difference. I also remain forever in debt to my mentor and friend Prof. Dr. Alexander Graser. He was willing not only to read the “kopfbelastenden” drafts of mine, but also to invite me to the University of Regensburg to discuss them with him and his team. I thank Prof. Dr. em. Ulrich K. Preuß for his friendship and helpful advice ever since my years at the Hertie School of Governance. Having him as a guest in my Rigorosum at the Humboldt University has been one of the greatest honors I have ever experienced. I am also very grateful to Jose´ de Jesu´s Orozco, Miguel Sarre, Jose´ Rolda´n Xopa, Gabriela del Valle, Armando Maitret,