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  • Print publication year: 2008
  • Online publication date: August 2009

Chapter Seven - The Amparo as a Constitutional Guaranty in Countries with Mixed Systems of Judicial Review of Legislation

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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