Los derechos fundamentales en la jurisprudencia del tribunal electoral del poder judicial de la federación

This paper aims to determine what sufficient and necessary properties a right should bear in order to be a Fundamental Legal Right and what kind of role plays the case law of the Mexican Federal Electoral Court in the task of building a concept of Fundamental Legal Rights appropriate for the Mexican Law. The main thesis is that Fundamental Legal Rights are a kind of rights whose differentia specifica is its fundamental character. This fundamental legal character is made of a set of formal and material properties. Material properties relate to the protection of the basic features of the liberal and democratic person presupposed by the Rule of Law. Material properties bear a priority over formal properties. Formal properties refer to the inclusion of a right in the constitutional text, in the constitutional block or to the recognition of the right by the case law. In Mexico, the recognition of a right as Fundamental Legal Right by the case law of the Federal Electoral Court is a formal property of the concept of Fundamental Legal Right.