REDI Revista Electrónica de Derecho Informático - Nbr. 41, December 2001
Robert M. Kossick, Jr. - Esq. Professor of Law, University of the Americas, Mexico, DF. Attorney at Law, Aballi, Milne, Kalil & Escagedo, P.A., Miami, FL .
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Mexico’s emerging e-government program: the role of the internet in promoting economic development, democratic governance, and the rule of law.

Constitución Española de 1978. - Artículo 71
Real Decreto de 22 de agosto de 1885, por el que se aprueba el Código de Comercio. - Artículos 20 , 49 , 93 , 8217
Derecho de las comunicaciones
Telecomunicaciones
Redes de comunicación
Obligaciones
Contratos
Contratos informáticos
Empresa mercantil
Contratos mercantiles
Contratos electrónicos
Mexico’s emerging e-government program: the role of the internet in promoting economic development, democratic...
I. INTRODUCTION
Prior research (1) and the experience of other nations (2) indicates that the Internet can play an important role in promoting democratic governance, economic development, and the rule of law. In express recognition of this potential, Mexico has, as part of its National Development Plan, recently initiated an ambitious project to create a networked society wherein certain government information, services, and transactions can be obtained and/or realized with enhanced integrity from any location in the republic (the “E-Mexico” program)(3). As described by the Asociacion Mexicana para el Comercio Electronico (“AMECE”), a leading private sector advocate for Internet issues, the E-Mexico program “is an integrating project, one that seeks to articulate the interests of distinct levels of government, diverse entities and public dependencies, operators of telecommunications networks, as well as public and private institutions in order to expand the coverage of health, education, commerce, and government services.(4)” Properly managed, this Internet based program could serve as a mechanism for (1) overcoming the developmentally debilitating effects of endemic inefficiency, formalism, corruption, mistrust, and lack of penetration, and (2) creating the conditions under which Mexico’s prior efforts at economic, political, and legal reform can flourish.(5) These developments could, in turn, facilitate Mexico’s ongoing transformation from an authoritarian state characterized by a patrimonial socio-political organization to one dedicated to building pluralistic, meritocratic, and transparent institutions capable of supporting its integration with the developed world. The first part of this paper identifies and analyzes the core components of Mexico’s e-government program as presently conceived and/or implemented. In accomplishing this objective, attention is paid to the program’s underlying political, legal, and technological framework, as well as its developmental impact. The second part of this paper makes a series of policy recommendations, the adoption of which would permit Mexico to more fully benefit from the developmental opportunities presented by the Internet. Comparative consideration of the e-governance experience of other Latin nations is undertaken to the extent that it puts the development of the E-Mexico program into clearer perspective. The paper concludes by arguing that Mexico’s timely implementation of a functional and responsive e-government program could help restore the country’s diminishing faith in neoliberal economic policy and democratic governance, thereby strengthening its competitiveness in the global economy. II. INITIAL DEVELOPMENTS Under the determined leadership of the Fox administration, Mexico has taken the first step towards e-governance by facilitating the migration of certain governmental functions and services – namely, citizen participation, civil servant declarations, tramites (official solicitations and registrations), procurement, the registros publicos (“public registries”), and tax filings – to an expanding network of government operated websites.(6) Reflecting the nascent state of e-government in Mexico, some of these websites have the look, feel, and functionality of static electronic brochures. Those sites that are not already interactive will undoubtedly become so, going forward, as the Mexican government comes under pressure to meet the demands of increasingly service- and performance-oriented citizens and investors.(7) The ways in which the aforementioned governmental functions and services are amenable to the transformative influences of the Internet are discussed below. A.CITIZEN PARTICIPATION Notwithstanding the fact that it has a governmental structure organically similar to that of the United States (i.e., a tri-partite division premised on the notion of a separation of powers), Mexico has never had a strong tradition of citizen participation in government. (8) Testifying before the House Committee on Small Business, noted Mexican scholar John Bailey characterized Mexico’s political system as one “obsessed with central control, lacking a tradition of democracy and participation, and deeply skeptical about the uncertainties of risk taking inherent in democratic competition.” Continuing, he noted: “Its basic instinct in confronting opposition is to co-opt, negotiate, and persuade; if these fail, its methods include divide, debilitate, denounce, and – as a last resort – repress.” (9) The historic losses recently suffered by the PRI contain important implications for the process of governance in Mexico. (10) Where the PRI’s long-standing control of the congress facilitated a top-down, “metaconstitutional” approach to law making, Mexico’s legislators must now develo...Try vLex for FREE for 3 days
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