ABSTRACT
This chapter aims to identify the state of strategic litigation in Mexico at the beginning of the twenty-first century. It highlights the political and institutional conditions that make this kind of legal phenomenon possible and asks what role the Mexican Supreme Court of Justice should assume to support those conditions. Therefore, a series of definitions is given first, along with a characterization of this kind of advocacy. A theoretical reflection is then carried out about its potential importance in a constitutional democracy. The Mexican political and legal context in Mexico over recent years is reconstructed in Section III and finally, in Section IV, some cases of strategic litigation in Mexico are mentioned as examples. It is important to acknowledge that the selection of these cases was made with attention to their specific relevance to human rights’ protection in Mexico. There was no statistical or exemplary selection of cases, nor do they pretend to be representative of other litigations. They are solely examples to illustrate the main ideas of this chapter.
