USA United States of America, judicial system, Mexico, gun violence, American legal system, Mexican legal system, legal system, US Constitution, Second Amendment to the US Constitution, Mexican judicial system, Supreme Court, Constitution of Mexico, American judicial system, federal system, article 10 of the Constitution of Mexico, unrestricted gun laws, gun laws, human rights
Numerous arguments concerning the right to bear arms have always been a topic of significant concern, especially in countries such as the United States and Mexico, where it bears clear cultural and legal value. According to Charles (2022), though the two countries have the citizenship right to carry arms, their implementations and proper application are widely different. As such, this paper examines the dissimilarities and their significant effect on society. It aims to find out if countries with constitutions that define the right to bear arms generally improve people's quality of life. This study is relevant considering Mexico cited in its Constitution the right to possess firearms, with its geographic closeness to the United States. Equally, this paper aims to expound on why gun culture and gun violence in Mexico are different from those in the United States and present results which might be helpful in debating this controversial issue of gun rights and their consequences for other societies.
[...] Naime and Cervantes (2023) suggest that as the top judicial authority in the country, the Supreme Court holds significant power in unpacking the Constitution and settling intense legal disputes of national significance. Its judgments bear highly concurrent consequences, serving as precedents for lower courts and forming legal order in the country. For instance, in the 2014 case of "Derechos Humanos v. Estado de Guerrero," the Supreme Court overruled the state court's decision by recognizing the federal constitutional safeguards of human rights (U.S. Department of State, 2022). [...]
[...] According to Kopel (2010), in Mexico, a nation where the firearms legislation is more rigid, a narrow judicial interpretation expands people's sovereignty, helping to build an attractive gun culture among citizens who regard the right to arm as a constitutional right to use in moments of danger. Nevertheless, though governments are implementing legal means of storage and distribution of firearms, illegal guns and organized crime promote firearm-related crimes. On the contrary, the USA is a country where the right to bear arms is considered a national identity, with judicial interpretations significantly shaping gun culture and firearm regulations. Substantial landmarks, including court rulings such as "District of Columbia v. Heller" (2008) and "McDonald v. [...]
[...] Supreme Court pays more attention to shaping legal doctrine and impacts public policy significantly, whereas Mexico has not been involved in judicial review to that extent. Furthermore, the antagonistic nature of the Law in the United States, which stresses litigation and advocacy, diverges from justice through inquisition procedures, which are common in civil law systems, such as Mexico's (Pojanowski, 2015). The differences illustrate the national uniqueness of legal norms and divergent approaches in guaranteeing supreme values, including the right to bear arms. II. Constitutional Protections A. [...]
[...] Legal Systems and Judicial Review A. Overview of Mexico's Legal System The civil law tradition influences Mexico's legal framework as it combines two main features: codes of laws and statutes that cover all legal matters. Naime and Cervantes (2023) note that in contrast to traditional law systems, which highly depend on judicial precedence, civil law systems focus on written laws and decrees passed by the legislative assembly. Hence, it plays a significant role by specifying the laws in writing and clarifying legal issues. [...]
[...] One important precedent is the 1953 declaration that it was unlawful to bear weapons in licensed alcohol dispensing premises. According to Ingram and Ray (1997), the premise owners, police officers, and individuals with valid concealed gun licenses are allowed to possess arms within such places. Equally, this Law stipulated that anyone who would commit this offense would be convicted of a fourth-degree crime. Besides, courts in Mexico interpret the constitutional provision on the right to bear arms in a way that the state or the government can withdraw gun privileges and licenses if need be. [...]
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