LA SUPREMA CORTE DE JUSTICIA DE LA NACIÓN EN MÉXICO Y SU DEFERENCIA PARA INTERACTUAR CON LOS PODERES EJECUTIVO Y LEGISLATIVO EN EL ESTABLECIMIENTO DE POLÍTICAS PÚBLICAS EN MATERIA DE LIBERTAD RELIGIOSA Y ENTIDADES RELIGIOSAS

Abstract

This conceptual theoretical work starts by questioning the Supreme Court of Justice of the nation in Mexico in terms of how and with what level of deference interacts with regard to the legislative and executive powers in the creation of public policies that affect freedom of religion and religious entities. To answer it, it focuses in the conceptual construction of the deference to then, continue with the definition of public policies, analyzing the vast existing in this regard doctrine. Once built this conceptual framework, the article analysises the existence of this deference in Supreme Court decisions and their impact on current public policies, in order to determine interrelation between such construction focused on religious freedom and the entities of the same kind. The hypothesis of this study is that the level of deference and the mechanisms used by our supreme court are insufficient to strengthen the protection of rights. The legal methodology adopted takes as basis of hermeneutics and epistemology as basic tools. The main technique is analysis of information to support with doctrinal criteria and jurisprudential thesis the arrived conclusions.