Constitutional Reform and the ‘Transitional Continuum’ of Contemporary Mexican Regulatory Governance
My aim in this talk is to provide some basic marks or references for the navigation of the shadowy territory of the fluid contemporary regulatory governance in Mexico, particularly in the shadowy territory of the so called “structural reform” that is currently taking –or not taking- place in Mexico, particularly in the domain of Energy and TELECOM. So, will provide a very ad hoc map, with the limited purpose of providing a contextual reading of current policy in Mexico. In this context, this approach can only take a “bird eye” perspective of some salient aspects or highlights of the constitutional changes, letting unveiled the microanalysis of the real subjacent territory of the legal and regulatory transformation. To do this, I will use two different schemes or interpretative ideas that, I shall argue, ones they are inter-crossed or over-posed give relevant clues to navigate around the complex interdependence between public law and regulatory governance in Mexico.
First, I will apply the theoretical-descriptive idea of “transitions” or “transitional processes”. More particularly, I will claim that Mexico’s regulatory arena is somehow the “sediment” of three transitions in recent decades, and that we must look to the interdependences among such processes in order to have a contextualized approach to the key elements of regulatory governance in Mexico. Secondly, I will refer to the constitutional framework into which these transitions have taking place for more than three decades. More specifically, I will claim that those transitions face very substantial obstacles entrenched in the constitutional principles, institutions and practices that have framed regulatory governance in Mexico, and that such obstacles give place to important shortcomings in the post-transitional model of economic governance (2000-2015) that the recent constitutional reforms do not seem to overcome.