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Constitutional Protection of Human Rights in Latin America
A Comparative Study of Amparo Proceedings

$114.00

  • Date Published: December 2008
  • availability: In stock
  • format: Hardback
  • isbn: 9780521492027

$114.00
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About the Authors
  • Together with the expansive process of human rights constitutional declarations, in addition to the writ of habeas corpus and of habeas data, Latin American constitutions created a specific judicial remedy for the protection of constitutional rights, known as the suit, action, recourse, or writ of amparo. After spreading throughout Latin America, it was incorporated in the American Convention of Human Rights. It is similar to the “injunctions” and the other equitable remedies of the United States legal system. This book examines, with a comparative constitutional law approach, the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It is an up-to-date abridged version of the course of lectures the author gave at the Columbia Law School analyzing the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.

    • First title of its kind in English to cover this kind of material
    • Divided into five sections for a comprehensive, comparative constitutional law approach
    • Highlights the most recent trends in the constitutional and legal regulations in all Latin American countries and in the Philippines
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    Reviews & endorsements

    "...a valuable reference guide to lawyers, legal scholars, and social scientists interested in the judicial protection of rights in Latin American countries, whether they have previous knowledge of the civil law tradition or not ... Describing in quite good detail yet in an accessible manner the constitutional and legal characteristics of a rather complex judicial remedy across nineteen countries is an unquestionable accomplishment of this book..."
    --Julio Rios-Figueroa, Division de Estudios Politicos, CIDE, The Law and Politics Book Review

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    Product details

    • Date Published: December 2008
    • format: Hardback
    • isbn: 9780521492027
    • length: 448 pages
    • dimensions: 235 x 158 x 25 mm
    • weight: 0.71kg
    • availability: In stock
  • Table of Contents

    Part I. The Constitutional and International Declarations of Human Rights and Its Judicial Guaranties:
    1. The constitutional declarations of human rights in Latin America and its internationalization
    2. Judicial guaranties of the declarations of human rights
    Part II. The Amparo as a Latin American Constitutional and International Law Institution:
    3. Judicial review and amparo proceeding in Latin America
    4. The amparo action in countries that only apply the diffuse system of judicial review of legislation
    5. The amparo action in countries that only apply the concentrated method of judicial review of legislation
    6. The amparo as a constitutional right in countries with mixed systems of judicial review of legislation
    7. The amparo as a constitutional guaranty in countries with mixed systems of judicial review of legislation
    8. The American Convention on Human Rights and the internationalization of the amparo in Latin America
    Part III. The Injured Party and the Constitutional Rights Protected by Means of the Amparo Proceedings:
    9. The injured party: the plaintiff and the rules of standing
    10. The justiciable constitutional rights by means of the amparo and habeas corpus actions
    11. The question of the justiciability of social constitutional rights by means of the amparo action
    Part IV. The Injury, the Injuring Party, and the Injuring Acts in the Amparo Proceeding:
    12. The general conditions of the injury (harms and threats)
    13. The reparable character of the harms and the restorative character of the amparo proceeding
    14. The imminent character of the threats and the preventive character of the amparo proceeding
    15. The injuring party: the defendant (public entities or private individuals)
    16. The injuring actions and omissions of public authorities causing the harm or the threats
    Part V. The Extraordinary Character of the Amparo Proceeding:
    17. The question of the admissibility of the amparo and its relation with the ordinary judicial means
    18. The main principles of the procedure in the amparo proceeding
    19. The adjective configuration of the main phases of the amparo proceeding
    20. The adjudication in the amparo proceeding and the preliminary protective measures
    21. The definitive judicial adjudication in the amparo suit
    22. The revision of the amparo decisions by the Constitutional Court or the Supreme Court.

  • Author

    Allan R. Brewer-Carías, Universidad Central de Venezuela
    Law Degree (Summa Cum Laude) (1962) and Doctor of Laws (1964), Central University of Venezuela. Since 1963 he has been Professor at the Central University of Venezuela. He was the Director of the Public Law Institute at the same University (1978–89), and has been Professor in post-graduate courses in the Law Faculties at the University of Cambridge (LLM), UK; the University of Paris II; the University of Rosario and the University Extern ado of Colombia in Bogotá. In 2006 and 2007, he has been Adjunct Professor of Law at the Columbia Law School, University of Columbia, New York. In 1981 he was awarded with the National Sciences Prize of Venezuela, for his achievements in law and institutional studies. He is a Vice-President of the International Academy of Comparative Law (The Hague); a Member of the Board of Directors of the Inter-American Institute of Human Rights; and a Member of the Venezuelan National Academy of Political and Social Sciences, where he served as President in 1997–9. In Venezuela, he has been Senator for the Federal District; Head of the Presidential Commission on Administrative Reform and Minister for Decentralization; and was elected Member of the National Constituent Assembly in 1999. Since 1980, he has been the Director of the Public Law Journal (Revista de Derecho Público) of Venezuela and has extensively published books and articles on constitutional and administrative law. Cambridge University Press published his 1985 book, Judicial Review in Comparative Law. Since 1974 he has been a Partner of the law firm Baumeister & Brewer in Caracas.

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