I. Antecedentes. II. Constitución. III. Actualidad en México.
IV. La judicialización de la democracia
Etimológicamente la palabra democracia deriva de dos raíces griegas DEMOS: pueblo y
KRATOS: gobierno o autoridad, que significa gobierno o autoridad del pueblo.
Este término fue acuñado en Atenas, Grecia, en el año 500 A.C., dicho estado fue el primer
ejemplo de unsistema acorde a las naciones modernas de democracia. Este sistema de gobierno
en Grecia, permitió la participación popular de un sustancial número de ciudadanos sobre bases
sólidas, donde podían participar todos los ciudadanos en las asambleas y por medio del sorteo
ocupar cargos civiles.
En Roma se presentó un sistema de república, donde RE: en latín significa cosa o asunto y
REPUBLUCUS: público,es decir, cosa que pertenecía al pueblo, nunca aceptaron un sistema
representativo basado en representaciones elegidos democráticamente.
En Inglaterra en 1653 se publicó el Instrument of Government, en el cual se consagró la
idea de la limitación del Poder Político, mediante el establecimiento de garantías frente al posible
abuso del poder real. A partir de 1688 la democracia triunfa en Inglaterra,basándose en el principio
de libertad de discusión ejercida sobre todo en el parlamento.
En la última década del siglo XX, Rusia dio una transición al gobierno democrático, donde
la democracia era frágil y gozaba de un débil apoyo.
En México existen raíces históricas que parten de la Guerra de Independencia, de ella
surge la esencia de una representación democrática. Para ello es necesarioestablecer que en el
proceso político nacional se crearon dos etapas:
La primera de ellas, se inicia con el pensamiento de las generaciones que lucharon y
lograron la emancipación del país, y concluye con la caída de la dictadura del general Porfirio Díaz.
La segunda es la Revolución Mexicana de 1910, que hasta nuestros días continúa
desenvolviéndose, es decir, es un concepto integral que da estructuraal constitucionalismo social.
La finalidad de la Guerra de Independencia fue la defensa de los derechos humanos. A
partir de su consumación, todos los documentos constitucionales producidos durante el siglo XIX y
principios del siglo XX, concibieron la idea democrática, como una estructura formal que permitía a
los ciudadanos elegir a sus gobernantes. Teniendo en mente los conceptos de ciudadanía,el voto
libre y secreto y los partidos políticos como la estructura democrática del país.
Todos estos acontecimientos que se generaron en nuestro país representan el retorno a la
democracia tal como la concibió José María Morelos y Pavón «sin justicia social no hay
El concepto constitucional de democracia lo encontramos, entre otros preceptos, en el
artículo 40 denuestra Constitución Mexicana, que al tenor dice:
«Es voluntad del pueblo mexicano constituirse en una República representativa,
democrática, federal, compuesta de estados libres y soberanos en todo lo concerniente a
su régimen interior; pero unidos en una Federación establecida según los principios de
esta Ley Fundamental».
De lo cual se traduce que nuestro país es una República Federal compuestade estados
libres y soberanos únicamente en cuanto su régimen interior, pero ligados estructuralmente en una
sola constitución en donde la vida interna sería totalmente independiente entre ellos, sin embargo
respetando la soberanía que cada uno de ellos tiene, aunque para algunos doctrinarios de la
materia constitucional los estados tienen realmente autonomía y no soberanía.
Así, el Estado Federalen México se integra por la Federación, por los Estados miembros,
en la que cada uno de ellos es soberano (en realidad los Estados son autónomos) dentro de su
competencia y por los municipios dotados de autonomía, constituyéndose los tres ordenes o
niveles de gobierno.
En nuestro sistema federal existen, fundamentalmente, dos órdenes legislativos,
subordinados a la Constitución y bajo una…

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