A Brief History of the Mexican Legal System

The Mexican legal system has historical roots that go back to 16th century Spanish law and to Pre-Colombian indigenous law. After the Spanish conquered the Aztec Empire, they found an advanced indigenous legal system in place.

The Spanish crown did not rid itself of the indigenous legal system completely; instead, it kept those indigenous laws and legal institutions that did not go directly against the Spanish customs or against Church Doctrine. The Spanish Crown also introduced its own laws and legal institutions.

After Mexico finally established independence, it went through a series of different constitutions. The current Mexican Constitution is commonly referred to as the 1917 Constitution. The official name is the Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos). The Federal Constitution is the most important political document in Mexico.

It is the source and origin for all Mexican law. The hierarchy of sources of law in the civil law tradition to which Mexico’s legal system belongs are, “constitution, legislation, regulation, and custom.” The constitution will override all legislation, legislation will override all regulation, and regulation will override all custom.

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