Abstract

The aim of this work is to analyze the shift from a representative democracy to a participatory democracy, allowing citizens to have a greater involvement in decisions corresponding to the State through mechanisms such as the popular consultation. Additionally, the constitutional framework and secondary laws are examined to scrutinize the arguments put forth by the Supreme Court of Justice of the Nation, as well as by legislators, regarding the popular consultation. Key arguments linked to various articles, particularly those related to Human Rights, established in the Political Constitution of the United Mexican States, are unraveled in the cited examples of attempts to carry out the popular consultation, concerning issues such as the energy sector, political matters, or labor. In conclusion, this inquiry addresses the legal complexity for the first-time implementation of the constitutional framework of the popular consultation, reflections that contribute to a better understanding of the background and current situation of this participatory democracy mechanism in Mexico.

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