The Weighing of Rights of Robert Alexy in a Judicial Decision of the Highest Court in Mexico La ponderación de derechos de Robert Alexy en una decisión judicial del máximo tribunal en México Academic Article in Scopus uri icon

abstract

  • The Constitutional rights and proportionality (weighing of rights) within the legal sphere is a method used to know which human right should prevail over another when both collide. The Supreme Court of Justice of the Nation in Mexico, through Action of unconstitutionality 146/2007, made the weighing of the right to life of the unborn against the rights of the mother (health, sexual and reproductive and free development of personality). It was determined that the latter should prevail over the right to life, which gave way to the decriminalization of abortion in Mexico City. In the present research, we analyze, through the deductive and synthetic method of investigation, the weighting made by the Supreme Court, its resolution and the fundamental rights found within it.

publication date

  • January 1, 2023