Article 105 Political Constitution of the United Mexican States

The Supreme Court of Justice of the Nation shall hear, in the terms indicated by the regulatory law, the following matters:

I.Of the constitutional controversies that, regarding the constitutionality of general norms, acts or omissions, with the exception of those referring to electoral matters, arise between:

a)The Federation and a state (federal entity);

b)The Federation and a municipality;

c)The Executive Branch and the Congress of the Union; the former and either of the Chambers of the latter or, as the case may be, the Permanent Commission;

d)One state (federal entity) and another;

e)Repealed.

f)Repealed.

g)Two municipalities of different States;

h)Two Branches of the same state (federal entity);

i)A State and one of its Municipalities;

j)A state (federal entity) and a Municipality of another or a territorial demarcation of Mexico City;

k)Two autonomous constitutional bodies of a state (federal entity), and between one of these and the Executive Branch or the Legislative Branch of that state (federal entity), and

l)Two federal autonomous constitutional bodies, and between one of these and the Executive Branch of the Union or the Congress of the Union.

Whenever the controversies deal with general provisions of the states (federal entities), of the Municipalities or of the territorial demarcations of Mexico City challenged by the Federation; of the Municipalities or of the territorial demarcations of Mexico City challenged by the states (federal entities), or in the cases referred to in subparagraphs c), h), k) and l) above, and the resolution of the Supreme Court of Justice of the Nation declares them invalid, said resolution shall have general effects when it has been approved by a majority of at least six votes.

In the other cases, the resolutions of the Supreme Court of Justice shall have effects only with respect to the parties to the controversy.

In the controversies provided for in this section, only violations of this Constitution, as well as of the human rights recognized in the international treaties to which the Mexican State is a party, may be asserted.

II.Of the actions of unconstitutionality whose object is to raise the possible contradiction between a norm of general character and this Constitution.

The actions of unconstitutionality may be exercised, within the thirty calendar days following the date of publication of the norm, by:

a)The equivalent of thirty-three percent of the members of the Chamber of Deputies of the Congress of the Union, against federal laws;

b)The equivalent of thirty-three percent of the members of the Senate, against federal laws or international treaties celebrated by the Mexican State;

c)The Federal Executive, through the Legal Counsel of the Government (Consejero Jurídico del Gobierno), against general norms of a federal character and of the states (federal entities);

d)The equivalent of thirty-three percent of the members of any of the Legislatures of the states (federal entities) against the laws issued by that same body;

e)Repealed.

f)The political parties registered before the National Electoral Institute (Instituto Nacional Electoral), through their national leaderships, against federal or local electoral laws; and the political parties registered in a state (federal entity), through their leaderships, exclusively against electoral laws issued by the Legislature of the state (federal entity) that granted them registration;

g)The National Human Rights Commission, against laws of a federal character or of the states (federal entities), as well as against international treaties celebrated by the Federal Executive and approved by the Senate, that undermine the human rights enshrined in this Constitution and in the international treaties to which Mexico is a party. Likewise, the equivalent bodies for the protection of human rights in the states (federal entities), against laws issued by the Legislatures;

h)Repealed

i)The Attorney General of the Republic with respect to federal laws and those of the states (federal entities), in penal and criminal procedure matters, as well as those related to the scope of his or her functions;

The only avenue to raise the non-conformity of electoral laws with the Constitution is the one provided for in this article.

The federal and local electoral laws must be promulgated and published at least ninety days before the electoral process in which they are to be applied begins, and during the same there may be no fundamental legal modifications.

The resolutions of the Supreme Court of Justice may only declare the invalidity of the challenged norms, provided that they are approved by a majority of at least six votes.

III.On its own motion or at the founded request of the corresponding Collegiate Court of Appeal (Tribunal Colegiado de Apelación) or of the Federal Executive, through the Legal Counsel of the Government, as well as of the Attorney General of the Republic in the matters in which the Public Prosecutor's Office intervenes, it may hear the appeals against judgments of the District Courts (Juzgados de Distrito) issued in those proceedings in which the Federation is a party and that, by their interest and importance, so warrant.

The declaration of invalidity of the resolutions referred to in sections I and II of this article shall not have retroactive effects, except in penal matters, in which the general principles and applicable legal provisions of this matter shall govern.

In case of non-compliance with the resolutions referred to in sections I and II of this article, the procedures established in the first two paragraphs of section XVI of article 107 of this Constitution shall be applied, insofar as relevant.

In the case of constitutional controversies or actions of unconstitutionality raised with respect to general norms, in no case shall their admission give rise to the suspension of the norm questioned.

Constitutional controversies or actions of unconstitutionality whose object is to contest the additions or amendments to this Constitution are inadmissible.