Constitutional Protection of Human Rights in Latin America A Comparative Study of Amparo Proceedings
Book contents
- Frontmatter
- Contents
- INTRODUCTION
- PART ONE THE CONSTITUTIONAL AND INTERNATIONAL DECLARATION OF HUMAN RIGHTS AND ITS JUDICIAL GUARANTIES
- PART TWO THE AMPARO AS A LATIN AMERICAN CONSTITUTIONAL AND INTERNATIONAL LAW INSTITUTION
- Chapter Three Judicial Review and Amparo Proceedings in Latin America
- Chapter Four The Amparo Action in Countries That Apply Only the Diffuse Method of Judicial Review of Legislation
- Chapter Five The Amparo Action in Countries that Apply Only the Concentrated Method of Judicial Review of Legislation
- Chapter Six The Amparo as a Constitutional Right in Countries with Mixed Systems of Judicial Review of Legislation
- Chapter Seven The Amparo as a Constitutional Guaranty in Countries with Mixed Systems of Judicial Review of Legislation
- Chapter Eight The American Convention on Human Rights and the Internationalization of the Amparo in Latin America
- PART THREE THE INJURED PARTY AND THE CONSTITUTIONAL RIGHTS PROTECTED BY MEANS OF THE AMPARO PROCEEDING
- PART FOUR THE INJURY, THE INJURING PARTY AND THE INJURING ACTS OR OMISSIONS IN THE AMPARO PROCEEDING
- PART FIVE THE EXTRAORDINARY CHARACTER OF THE AMPARO PROCEEDING
- CONCLUSION
- APPENDIX A List of Latin American Constitutions
- APPENDIX B List of Latin American Amparo Laws (Statutes)
- INDEX
Chapter Seven - The Amparo as a Constitutional Guaranty in Countries with Mixed Systems of Judicial Review of Legislation
Published online by Cambridge University Press: 08 August 2009
Book contents
- Frontmatter
- Contents
- INTRODUCTION
- PART ONE THE CONSTITUTIONAL AND INTERNATIONAL DECLARATION OF HUMAN RIGHTS AND ITS JUDICIAL GUARANTIES
- PART TWO THE AMPARO AS A LATIN AMERICAN CONSTITUTIONAL AND INTERNATIONAL LAW INSTITUTION
- Chapter Three Judicial Review and Amparo Proceedings in Latin America
- Chapter Four The Amparo Action in Countries That Apply Only the Diffuse Method of Judicial Review of Legislation
- Chapter Five The Amparo Action in Countries that Apply Only the Concentrated Method of Judicial Review of Legislation
- Chapter Six The Amparo as a Constitutional Right in Countries with Mixed Systems of Judicial Review of Legislation
- Chapter Seven The Amparo as a Constitutional Guaranty in Countries with Mixed Systems of Judicial Review of Legislation
- Chapter Eight The American Convention on Human Rights and the Internationalization of the Amparo in Latin America
- PART THREE THE INJURED PARTY AND THE CONSTITUTIONAL RIGHTS PROTECTED BY MEANS OF THE AMPARO PROCEEDING
- PART FOUR THE INJURY, THE INJURING PARTY AND THE INJURING ACTS OR OMISSIONS IN THE AMPARO PROCEEDING
- PART FIVE THE EXTRAORDINARY CHARACTER OF THE AMPARO PROCEEDING
- CONCLUSION
- APPENDIX A List of Latin American Constitutions
- APPENDIX B List of Latin American Amparo Laws (Statutes)
- INDEX
Summary
Leaving aside the cases of Mexico and Venezuela, where the amparo has been conceived as a constitutional right enforceable through various actions and proceedings, in the other Latin American countries with a mixed system of judicial review, the amparo is basically conceived as a constitutional guaranty, that is, as a specific adjective institution, claim, petition, recourse, action or proceeding also specifically established together with the habeas corpus and habeas data recourses for the protection of constitutional rights. This is the case in Brazil, Colombia, the Dominican Republic, Ecuador, Guatemala, Nicaragua and Peru.
The only difference between these countries is the fact that in Nicaragua the action for amparo can only be exercised before a single court; and in the other countries, the action is brought before a variety of courts.
THE AMPARO AS AN EXCLUSIVE COMPETENCE OF ONE SINGLE TRIBUNAL
The Constitution of Nicaragua provides for a recourse for amparo, as well as the habeas corpus recourse established for the protection of people's freedom, physical integrity and safety (Articles 188 and 189 of the Constitution), both regulated in one general amparo statute (Ley de amparo) of 1988.
Regarding the amparo action, the constitution only provides that “the persons whose constitutional rights have been violated or are in peril of being violated, can file the recourse of personal exhibition or the recourse of amparo.
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- Constitutional Protection of Human Rights in Latin AmericaA Comparative Study of Amparo Proceedings, pp. 139 - 162Publisher: Cambridge University PressPrint publication year: 2008
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