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.
Users without a subscription are not able to see the full
to access all content.