Requirements to be a Minister: Election, Functions and MORE

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Find out here in the Requirements to be a Minister in México, its meaning, how one can become a Minister of México. Likewise, their functions, duration in office and the corresponding legal framework.

After reading this article and learning more about the politics and general culture of México, you will be able to identify the differences with the positions of ministers in other countries.

There is no doubt that sometimes we put these issues aside. And surely it is said and repeated “I am not interested in politics”, but the truth is that it is still very important to know in a general way the implications of these positions in the life of Mexican citizens.

It is time now, to not only let others have their say, without knowing if what they say is within the framework of true possibility.

Keep reading and learn more about your country, and if you are a foreigner, find out better where you are and how the State apparatus works.

What are the Requirements to be a Minister in México?

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The Requirements to be a Minister in México are established in the Article 95 of the Constitution. Where it is established that the following is required to be a Minister of the Supreme Court of Justice of the Nation:

  • It is first required to be Mexican citizen by birth, in full exercise of civil and political rights.
  • The aspiring Minister must have as minimum thirty-five years old, for the date of appointment.
  • Must have an antiquity of at least ten years, be a graduate with a degree in law degree issued by recognized or accredited authority.
  • He must enjoy excellent fame and no sentence of more than one year in prison should weigh upon him.
  • In crimes of breach of trust, fraud, forgery, theft or other that damages the reputation, it will make you unqualified for the position regardless of the penalty.
  • You must have been residing in the country for at least two years prior to appointment.
  • He must not have held the position of Secretary of State, or that of Attorney General of the Republic, Senator, Federal Deputy, or Head of Government of the Federal District.
  • Nor is he the holder of the executive power of any entity, or a Magistrate of the Superior Chamber of the Electoral Tribunal of the Judicial Power of the Federation for one year prior to the date of appointment.
  • The Mexican Constitution establishes that the appointments of ministers should preferably be among the people who have served with probity, efficiency, or who are distinguished by good repute and competence in the public exercise of the function.

How are Ministers elected in México?

According to Requirements to be a Minister in México, the appointment of a Minister is made following the constitutional mandate in Article 96.

In this case, they are the President of the Republic and the Senate are the bodies that participate in the process of appointing the Ministers.

The Constitution of the Republic gives the President of the Republic the power to present a shortlist of eligible candidates before the Senate. The Senate in turn has the authority to elect one of them, from among the shortlist of candidates.

The election is made by the vote granted by two-thirds of the members of the Senate who are present, within a period of thirty days without an extension.

If, during this period, the Senate does not choose who should occupy the position of Minister. Then within the same shortlist, the person chosen by the President of the Republic will occupy the position.

In the event that the Senate rejects the entire list, the President of the Republic may present a new one.

If this second list is also rejected, then the position of Minister will be filled by the citizen who, within that second list, selects the President of the Republic.

Requirements to be a Minister: Functions

According to Requirements to be a Minister in México, the function of a Minister is to be the watchdog and guarantor of the Constitution of the Mexican Republic.

  • A minister is in charge of protection of the fundamental rights of Mexican citizens, in addition to acting as a mediator in controversies of the constitution.
  • Likewise, among the matters that fall within the competence of the ministers are the amparo trials.
  • The Supreme Court of the Nation contains the last instance and is made up of eleven Ministers. Highest constitutional court of the Republic and head of the Judicial branch of the Federation.
  • The main function is the order and defense of the constitutional norm, in addition to definitively solving other matters of jurisdiction of great importance for the country.
  • Those jurisdictional assignments are those of know and solve controversies, constructions and unconstitutional actions, as well as the contradictions of theses validated between the rooms of the Court of the District Courts. These contradictions are present when two bodies maintain opposite criteria in the legal interpretation of the norm.
  • Must definitively resolve direct amparos momentous.
  • Also, in cases of non-compliance with sentences or duplication of intended acts.
  • Likewise, in cases of violations of the suspension of the act claimed or of the admission of insufficient bonds.
  • Also, in amparo trials.

It is considered the highest position of the Supreme Court, serving as Minister within the Judicial Power of the Federation.

Requirements to be a Minister: Term of Office

Continuing with the review of the Requirements to be a Minister in México, Ministers have a 15-year term in office and they are elected by the Senate of the Republic, according to the list presented by the President of the Republic.

Once the eleven ministers are gathered to debate, then it works in plenary session.

Legal Aspects about Being a Minister in México

Being a Minister in the Republic of México implies adhering to the Mexican constitution.

The legal framework of this senior position Being a Minister in México is established in the Constitution of the Mexican Republic, Chapter IV Of the Judicial Power Article 94, Article 95 where the requirements to be a Minister are established, Article 96 where the appointment of Ministers is explained and also Article 101.

What is it?

Being a Minister in México means being a member of the Supreme Court of the Nation. It is to belong to the highest constitutional court of the country and head of the Judicial Power of the Federation.

A Minister in México has the transcendental function of defending order and constitutional mandates. Also participate in the resolution of unconstitutional controversies. To be a Minister of the Supreme Court of México is to occupy the highest position that can be held within the Judicial Power of the Federation.

Generally, the ministers depend on the Executive Power and make up a ministerial cabinet. In México they are called Secretariats of State. A Minister in México does not have the same meaning as in other countries such as Chile, Venezuela, Argentina, among others.

In México, the Ministers belong to the Judicial Power. The Supreme Court is made up of eleven ministers, according to article 2 of the Organic Law of the Federal Judicial Power. They are elected for a 15-year term in office. Your choice must be in suitable people and conduct of absolute integrity.

The Ministers may definitively abandon the cargo for the following reasons:

  • End of the period.
  • In cases where the resignation applies, previously qualified by the President of the Republic and the approval or denial of the Senate.
  • Also, for voluntary retirement as long as you meet the age and seniority requirements.

The Supreme Court of the Nation is the last and highest instance. They are preceded by the second instance that is made up of the magistrates who are figures whose function is to impart justice in the Collegiate Circuit Courts and the Judges who are the first instance that are in charge of hearing and resolving disputes derived from the application of the laws.

Once you have read all this information related to the Requirements to be a Minister in México, you can now be clearer and speak more appropriately on related issues.

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