Municipality of Rio Bravo v. the Governor of Tamaulipas

Constitutional Controversy 19/95 Contr. Const. 19/95 (1996)

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Municipality of Rio Bravo v. the Governor of Tamaulipas

Mexico Supreme Court
Constitutional Controversy 19/95 Contr. Const. 19/95 (1996)

Facts

The municipality of Rio Bravo (plaintiff) challenged Article 91(II) of the Tamaulipas Constitution, arguing the Tamaulipas Constitution impinged upon the federal constitution. The municipality of Rio Bravo specifically challenged the appointment of the Public Safety Delegate and First Commander and the takeover of the Municipal Police by the state government of Tamaulipas (defendant). The municipality of Rio Bravo also challenged the preliminary investigation into the alleged usurpation and abuse of authority by the municipal public-safety officials by the state government of Tamaulipas. The municipality of Rio Bravo argued Article 91(II) of the Tamaulipas Constitution encroached on the powers granted to the municipality’s power under Article 115(III) of the National Constitution. The Governor of Tamaulipas argued the state constitution did not infringe on the municipal power under Article 115(III) of the Mexican Constitution because the appointment of a police chief is independent of the general administration of public safety endowed to the municipal government.

Rule of Law

Issue

Holding and Reasoning (Güitrón, J.)

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