Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-g78kv Total loading time: 0 Render date: 2024-07-28T14:29:21.701Z Has data issue: false hasContentIssue false

PART THREE - THE INJURED PARTY AND THE CONSTITUTIONAL RIGHTS PROTECTED BY MEANS OF THE AMPARO PROCEEDING

Published online by Cambridge University Press:  08 August 2009

Allan R. Brewer-Carías
Affiliation:
Universidad Central de Venezuela
Get access

Summary

One of the most distinguishable principles regarding the amparo proceeding as an extraordinary judicial mean for the protection of constitutional rights is the principle of bilateralism, which implies the need for the existence of a controversy between two or more parties. The main consequence of this principle is that the amparo proceeding can only be initiated at a party's request, which excludes any case of ex officio amparo proceeding, except in some countries, on matters of habeas corpus.

Consequently, in order to initiate this proceeding an action, a recourse or a petition must be brought before a court by a plaintiff as the injured party, against the injurer party or parties, who as defendants, must be called to the procedure as having caused the harm or the violation to the constitutional rights of the former. Because of this principle of bilateralism, all the Amparo Laws in Latin America contain specific provisions regarding both parties.

On the other hand, the right violated in order to be protected by means of the amparo proceeding must be a constitutional right declared in the constitution or recognized with constitutional rank.

This section of the book is devoted to analyze, separately, the general principles related to the rules of standing, and the justiciable rights by means of the amparo, with particular reference to the question of the justiciability of social rights.

Type
Chapter
Information
Constitutional Protection of Human Rights in Latin America
A Comparative Study of Amparo Proceedings
, pp. 179 - 180
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×