LEGAL STRATEGY
To appeal or not to appeal: the Tamaulipas file, a study case from Mexico ALFREDO LAZCANO AND ANDREA AVEDILLO USE A PRACTICAL EXAMPLE TO INFORM A KEY LEGAL DECISION
Introduction Most legal systems today have a robust set of procedural rules governing the process of appealing a public decision. Nevertheless, does it make sense to appeal every time? The answer should come only after the party inclined to launch an appeal performs a cost-benefit analysis and establishes well grounded reasons to pursue an additional procedure. Although the original concept of the rule of law can be traced back to the classical age of civilization, over time it has been developed in such a way that it is now an indispensable principle of governance in modern societies. The rule of law essentially states that every person is equal before the law. Moreover, “all persons, institutions and entities, public and private, including the State itself, are accountable
to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards” . The principle of rule of law recognized by most of the current legal systems around the world, embraces the notion that no one can be harmed without a cause. No one can be affected by other people’s acts or decisions without repercussions. No one can act against somebody else’s interest when such action is not permitted by law. It is precisely the rule of law that motivates the legal rights to contest or appeal political or governmental decisions that can be harmful for the citizens, because “the Rule of Law is supposed to lift law above politics. The idea is that the law should stand above every powerful person and agency in the land” .
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IMGL MAGAZINE | OCTOBER 2023
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