6: THE TOBAR DOCTRINE:

CHAPTER VI

THE TOBAR DOCTRINE:

Regarding international law that bases the principle of constitutional inviolability is enshrined in the so-called TOBAR DOCTRINE, that of Dr. Carlos Tobar, known as: “Theory of Constitutional Legitimacy in the Field of Recognition”, which acts in defense of democratic legitimacy. that: “The American republics, by their good name and credit, apart from other humanitarian and altruistic considerations, must intervene indirectly in the internal discussions of the republics of the Continent. This intervention could consist, at least, in the non-recognition of de facto governments arising from revolutions against the Constitution. ”

The Tobar Doctrine is recognized and has its support in the: “CONVENTION TO THE GENERAL TREATY OF PEACE AND FRIENDSHIP” signed on December 20, 1907, and in it the governments of the Central American States signed the treaty by which they were forced not to recognize a government that in any of the five republics could come to power as a result of a coup d’état, or a revolution against the government recognized, as long as the representatives freely elected by the people had not constitutionally reorganized the country. This is how it is concluded that the Mexican people need to reorganize constitutionally.