Legislative Branch of the State of Mexico

Legislative Branch of the State of Mexico
7 min read
08 October 2022

The Public Power of the State of Mexico is divided for its exercise in Legislative, Executive and Judicial.

The exercise of the Legislative Power is deposited in an assembly called the State Legislature, made up of deputies elected in its entirety by universal, free, secret and direct suffrage, in accordance with the principles of relative majority voting and proportional representation.

The Legislature of the State of Mexico is made up of 75 deputies and their alternates, with 45 deputies elected in electoral districts according to the principle of relative majority voting and 30 proportional representation.

In accordance with article 61 of the Political Constitution of the Free and Sovereign State of Mexico, it states that the powers and obligations of the Legislature are:

  • Issue laws, decrees or agreements for the internal regime of the State, in all branches of government administration;
  • Examine and give an opinion on the State Development Plan sent by the Executive;
  • Issue its Organic Law and all the necessary regulations for the proper functioning of its organs and dependencies;
  • Comply with the obligations of a legislative nature that may be imposed by the laws of the Union, issuing the necessary local laws to that effect;
  • Inform the Congress of the Union, in the cases referred to in paragraph 3. of section III of article 73 of the Federal Constitution and ratify, where appropriate, the resolution issued by the same Congress, in accordance with subsections 6o. and 7th. of the same fraction;
  • Receive the declaration referred to in the second paragraph of article 110 of the Political Constitution of the United Mexican States and initiate the corresponding Political Trial;
  • Initiate laws or decrees before the Congress of the Union;
  • Excite the powers of the Union, so that they comply with the duty to protect the State in case of invasion or foreign violence, uprising or internal disorder, referred to in the General Constitution of the Republic;
  • Complain before the Supreme Court of Justice of the Nation when any law or act of the Federal Government constitutes an attack on freedom, the sovereignty of the State, its Constitution or the Federal Constitution, informing the Governor;
  • Know and decide on the modifications to the General Constitution of the Republic that the Congress of the Union sends to it;
  • Authorize extraordinary powers in favor of the Executive, in exceptional cases, and when it deems it convenient due to the special circumstances in which the State finds itself, for a limited time and prior approval of two thirds of its total members. In such cases, the powers that are granted will be expressed with precision and clarity, which may not be electoral functions;
  • Call ordinary or extraordinary elections for the Governor, deputies and members of the city councils. In the case of ordinary elections for Governor, the call must be issued at least 100 days before the election date and for those of deputies and members of the city councils 80 days before;
  • Appoint the electoral officials whose appointment is reserved by this constitution;
  • Become an Electoral College to designate an interim or substitute Governor, in the cases determined by this Constitution;
  • Approve the appointments of magistrates of the Superior Court of Justice and of the Contentious-Administrative Court made by the Council of the Judiciary and the Governor, respectively, within 10 business days following the date of the appointments. If they pass without the Legislature having resolved, they will be understood as approved. In case of refusal, the Council or the Governor, as the case may be, may formulate a second different proposal, and if it is not approved either, the Council or the Governor will be empowered to make a third appointment, which will take effect immediately. During the recesses of the Legislature, the appointments referred to in this precept may be approved by the Permanent Deputation;
  • Appoint the members of the city councils whose designation corresponds to him in the terms of this Constitution;
  • Resolve on the temporary or absolute licenses of its members, the Governor, the magistrates of the Superior Court of Justice and the Contentious-Administrative Court, when the absences exceed the term established by the respective laws. For the purposes of this fraction, absences exceeding 15, but not 60 days are considered temporary. The Legislature will qualify when there are well-founded reasons that justify a temporary license for a longer period and that may be extended for the duration of the cause that motivated it;
  • Hear and decide on the requests for dismissal of the Magistrates of the Contentious-Administrative Court and the Superior Court of Justice in terms of this Constitution;
  • Receive notice from the Executive of the State, when going abroad on official missions.
  • Appoint and remove the personnel of the Legislative Power and its dependencies in the terms of the respective Legislation;
  • Receive the protest of the Governor, the Deputies, the Magistrates of the Superior Court of Justice, the State Administrative Litigation Court, the State Electoral Court, the Superior Audit Auditor and the President and members of the Council of the Human Rights Commission. Humans; The Governor of the State will protest in the following terms: "I protest to keep and to keep the Political Constitution of the United Mexican States, the Political Constitution of the Free and Sovereign State of Mexico, the laws that emanate from one and the other, and to carry out loyally and patriotically the position of Governor that the people have conferred on me, looking in everything for their good and prosperity; and if I do not do so, that the Nation and the State demand it of me". The other public servants will make a protest in the following manner: One of the Secretaries of the Legislature will question: "Do you protest to save and have the Political Constitution of the United Mexican States, the Political Constitution of the Free and Sovereign State of Mexico, the laws that emanate from one and the other and perform loyally and patriotically with the duties of his office". The public servant must reply: "Yes, I protest." The President of the Legislature will say: "If he does not do so, the Nation and the State will demand it"; among others.

 

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