Part II The Domestic Element, 9 The Amparo as an Instrument of a Ius Constitutionale Commune
Allan R. Brewer-Carías
From: Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune
Edited By: Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, Ximena Soley
This chapter deals with the “amparo proceeding,” or the “writ of amparo,” a specific judicial mechanism for the prompt judicial protection of all fundamental rights. The history of the amparo goes back to 1857, when it was incorporated into the Mexican Constitution. Since then, it has become a feature of all Latin American constitutions, with the exception of Cuba. Importantly, the 1969 American Convention on Human Rights also incorporated the amparo, when declaring the right to judicial protection of fundamental rights (Article 25 ACHR). It is, therefore, one of the core legal institutions of the Latin American Ius Constitutionale Commune. The amparo serves to guarantee both the fundamental rights recognized in national constitutions and the human rights laid down in the relevant applicable international law. Common principles of interpretation have been developed for these rights, allowing a common comparative legal approach.
