Amparo (law)
From Wikipedia, the free encyclopedia
In certain legal systems (predominantly those of the Spanish-speaking world),[1] an amparo remedy or action is a constitutional proceeding intended to protect a citizen's constitutional rights; the word "amparo", in a non-legal context, simply means protection or shelter.[2] Such remedies and actions, generally heard by Supreme Courts or Constitutional Courts, serve a dual protective purpose: they protect the citizen and his basic guarantees, and thy protect the constitution itself by ensuring that its principles are not violated by statutes or actions of the state that undermine the basic rights enshrined therein.
In general, amparo action is intended to protect all rights other than physical liberty (which are generally protected by habeas corpus remedies. Thus, in the same way that habeas corpus guarantees physical freedom, amparo protects other basic rights. It may therefore be invoked by any person who believes that any of his rights implicity or explicitly protected by the constition (or by applicable international treates) is being violated.
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[edit] Amparo by country
[edit] Chile
In Chile, the term recurso de amparo ("amparo remedy") refers to what is known in comparative law as habeas corpus. Chile's equivalent of amparo is the recurso de protección ("protection remedy").
[edit] Mexico
Unlike other countries, Mexico's amparo judgments do not have general effects: they benefit only the parties who filed them. It is dealt with in Articles 103 and 107 of the 1917 Constitution as a form of judicial review of governmental action.
[edit] Philippines
[edit] References
- SAGÜES, Néstor P. (2007). La Acción de Amparo. 5ª Edición. Buenos Aires: Editorial Astrea. ISBN 978-950-508-762-4.
