Methodologies of constitutional adjudication

Spanish version

The proportionality test is one of the most disputed and discussed adjudication methodologies by law academics from different traditions, which has also been incorporated by various constitutional courts as a judicial decision tool. In this line of research, the Center for Constitutional Studies aims to review the way in which the Supreme Court of Justice of the Nation (SCJN) has incorporated this constitutional adjudication tool, and how it has been adapted to the local circumstances. To achieve this, it is necessary to review the complexities associated with the formulation of the test itself, its possible deficits of rationality and the vagueness of the evaluation criteria, among others.

Based on the conclusions of the test as a decisional model, other methodologies of adjudication and their possible functionality for specific cases will be reviewed. Furthermore, it will be analyzed the specific challenges in probative evidence and legal argumentation that the SCJN has faced due to the application of the different levels of the test. Finally, it will be reviewed the experiences of comparable constitutional courts in the use of this tool.