Chapter 1

Constitutional Guarantees

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Article 333

This Constitution shall not cease to be in effect if it ceases to be observed due to acts of force or because or repeal in any manner other than as provided for herein.

In such eventuality, every citizen should bring it back into actual effect.

Article 334

All of the judges of the Republic, within their respective spheres of competence and in accordance with the provisions of this Constitution and law, are obligated to ensure the integrity of the Constitution.

In the event of incompatibility between the Constitution and a law or other juridical provision, the provisions of the Constitution shall prevail, being the responsibility of the courts to rule accordingly in any case, even ex officio.

The Constitutional Division of the Supreme Tribunal of Justice, as court of constitutional competence, shall have the exclusive power to declare the nullity of laws and other acts of organs exercising Public Power which are issued by way of direct and immediate implementation of the Constitution or have the status of law.

Article 335

The Supreme Tribunal of Justice shall guarantee the supremacy and efficacy of constitutional rules and principles; it shall be the supreme and ultimate interpreter of the Constitution and shall see to the uniform interpretation and application of the same.

Interpretations established by the Constitutional Division concerning the contents or scope of constitutional rules and principles are binding on the other division of the Supreme Tribunal of Justice and on all of the other courts of the Republic.

Article 336

The following are functions of the Constitutional Division of the Supreme Tribunal of Justice:

  1. To declare the nullity, in whole or in part, of national laws and other acts of National Assembly with the force of law, which are in conflict with this Constitution. Federal review of subnational legislation
  2. To declare the nullity, in whole or in part, of state Constitutions and laws, municipal ordinances and other acts of the deliberating bodies of the States and Municipalities which are issued by way of direct and immediate implementation of the Constitution and are in conflict with the same.
  3. To declare the nullity, in whole or in part, of acts of the National Executive with the force of law, which are in conflict with this Constitution.
  4. To declare the nullity, in whole or in part, of acts issued by way of direct and immediate implementation of the Constitution by any other government organ exercising Public Power.
  5. To verify, at the request of the President of the Republic or the National Assembly, the constitutionality of international treaties signed by the Republic, prior to ratification of the same. Head of state decree power
  6. To review in all cases, even ex officio, the constitutionality of decree of the President of the Republic decreeing states of exception.
  7. To declare the unconstitutionality of omissions on the part of the municipal, state, national or legislatures, in failing to promulgate rules or measures essential to guaranteeing compliance with the Constitution, or promulgating it in an incomplete manner; and to establish the time limit and, where necessary, guidelines for correcting the deficiencies.
  8. To resolve any conflicts existing between different provisions of law, and declare which of the same must prevail.
  9. To resolve constitutional controversies arising between any of the organs of Public Power. Right to amparo
  10. To review judgments embodying constitutional protective orders or control on the constitutionality of laws or juridical rules, handed down by the courts of the Republic, on the terms established by the pertinent organic law.
  11. Any other functions established by this Constitution or by law. Emergency provisions

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