translated from Spanish: Memorandum or arbitrary act of power?

Tuesday 16 April, the President of the Republic, Andrés Manuel López Obrador, sent a “memorandum” to the Secretaries of the Interior, education and finance, ordering them, in essence, that they inaplicaran everything about “constitutional” reform in educational matters.
According to the dictionary of the language Spanish, available in https://dle.rae.es/?id=OrfaXGa, memorandum or memo is defined as: “less solemn, diplomatic communication to memory and note, typically unsigned, which summarizes facts and” reasons to have it present in a serious matter, also is understood as the booklet or notebook at that point things that there are to remember or that note being sent by hand to a person in the same office or institution”.
Actions taken based on the “educational reform” are sustained by the Federal Constitution, where are your rationale and legitimacy. Articles which are based could be modified or repealed, certainly, but as long as they comply with the requirements and according to the procedure foreseen by the same Supreme law.
The President has the right, granted in Magna Carta, submit initiatives to the Congress of the Union to reform or repeal constitutional articles, said being legislative branch the only entitled to carry out these.
That the head of the federal executive intends to public servants to inobserven the constitutional provisions on the basis with a simple communication written clearly without any basis or support legal, watchful against the State of law, legal certainty, the confidence in our legal institutions and democracy.
Therefore, this Wednesday, April 17, the President of the Mexican Bar Association, B.C., Hector Herrera Ordóñez, wrote in his Twitter account, @HectorHerreraO3, his personal opinion regarding the memorandum of the federal executive on the reform Educational, which reproduce below:
‘ April 16, 2019 circulated in social networks a memorandum of the Executive federal, on that same date, addressed to the Ministry of the Interior, the Secretary of public education and Secretary of finance and public credit, stating that, based on the faculties ‘ from his post, presents ‘guidelines and directives’ which include leave without effects education reform as legislation is introduced in this regard.
Under the Mexican legal system, it is clear that the repeal of federal laws and constitutional provisions doesn’t correspond to the Executive branch. Pretend that repeal through a memorandum of the federal executive contravenes the principle of division of powers enshrined in the Constitution, the President must comply and enforce.
“Therefore, respectfully I urge all authorities of the country to strengthen the rule of law in the country with justice and democracy, abolishing authoritarian acts in violation of our constitutional system”.
Legal certainty, as a human right, implies that everyone has certain laws which govern it, in addition to complying with the guarantee of legality by come of a legislative body empowered to issue them with a valid procedure in that respect principles and formalities provided for in the Ordinances that govern them, have as a final goal to legitimize the authority of the democratic State.
So, when acts of authority do not comply with respect to the participation of all political forces represented in Parliament under conditions of freedom and equality, its application violates the fundamental rights of legal certainty and legality laid down in articles 14 and 16 of the political Constitution of the Mexican United States, because they prevent the governed have certainty that it is not subject to arbitrary decisions by the authorities, so that the trial of indirect amparo It is the ideal instrument for protection against such human rights violations.
As always, a pleasure greet him, hoping that these few letters have been to his liking and, above all, utility.
Next up!



Original source in Spanish

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