Policy-oriented jurisprudence and constitutive process in mexico: Toward a public order of human dignity in turbulent times
Journal
Human Flourishing: The End of Law: Essays in Honor of Siegfried Wiessner
Publisher
Brill
Date Issued
2023-10-09
Type
text::book::book part
Abstract
This chapter will embark on mapping and comparing the processes of authoritative decision in Mexico during the process of political liberalization between 1990 and 2018, and the ones that resulted from a radical shift in power after the presidential election of 2018. This study aims to define the content of pending constitutional changes aimed at approximating in more effective
ways a public order of human dignity. This work is a tribute to the scholarship and intellectual legacy of our dear Professor Siegfried Wiessner, a champion of policy-oriented jurisprudence,
continuing and developing the legacy of Professors Myres McDougal and Harold Lasswell, and, more saliently, the jurisprudential work of our dear mentor, Professor Michael Reisman.
The Framework In a nutshell, development is the series of decision processes and decision outcomes that approximate a given society towards a public order of human
dignity.3 These processes are articulated in continuous political transformations and predicated through constitutional change portraying a new grammar of legitimation based upon the shaping and sharing of the goal values of a world order of human dignity. This understanding equates development to human flourishing and condenses the goals that any contemporary liberal democracy should set to achieve. But not all political transformations and constitutional changes are considered development. Those transformations “incompatible with human dignity can be characterized as retrogressions or
as ‘disdevelopmental.’” W. Michael Reisman, Development and Nation Building: A Framework for a Policy-Oriented Inquiry, 60 Maine L. Rev. 309, 310 (2008).© Brill.
ways a public order of human dignity. This work is a tribute to the scholarship and intellectual legacy of our dear Professor Siegfried Wiessner, a champion of policy-oriented jurisprudence,
continuing and developing the legacy of Professors Myres McDougal and Harold Lasswell, and, more saliently, the jurisprudential work of our dear mentor, Professor Michael Reisman.
The Framework In a nutshell, development is the series of decision processes and decision outcomes that approximate a given society towards a public order of human
dignity.3 These processes are articulated in continuous political transformations and predicated through constitutional change portraying a new grammar of legitimation based upon the shaping and sharing of the goal values of a world order of human dignity. This understanding equates development to human flourishing and condenses the goals that any contemporary liberal democracy should set to achieve. But not all political transformations and constitutional changes are considered development. Those transformations “incompatible with human dignity can be characterized as retrogressions or
as ‘disdevelopmental.’” W. Michael Reisman, Development and Nation Building: A Framework for a Policy-Oriented Inquiry, 60 Maine L. Rev. 309, 310 (2008).© Brill.
License
Acceso Restringido
How to cite
Olaiz-González, J. (2023). Policy-Oriented Jurisprudence and Constitutive Process in Mexico: Toward a Public Order of Human Dignity in Turbulent Times. In Human Flourishing: The End of Law (pp. 1062–1106). Brill | Nijhoff. https://doi.org/10.1163/9789004524835_038