Hart’s Influence on Judicial Opinions in Mexico

The influence of Hart (1907-1994) on contemporary legal thought is out of question. Some of his ideas are already in common use among jurists, both theoretical and practical, such as the ideas of open texture, rule of recognition, and the distinction between primary and secondary rules. On this paper I want to show the influence of Hart on some judicial opinions in Mexico, particularly some of the opinions of the Mexican Supreme Court of Justice. I have chosen a judicial case, namely the writ of Amparo 186/2008 resolved by the Plenary of the Mexican Supreme Court. In relation to the question of whether the constitution can be subject to judicial control, in said matter it was determined that it was not possible to admit that the inadmissibility of the writ of amparo against a reform of the Constitution was “notorious and clear”.