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José Maria Serna de la Garza
- Amparo — Due process
Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
1. The writ of amparo , as developed in Mexico since the mid-19th century, responds to the idea on the necessity to have a mechanism to control the constitutionality of acts and resolutions of the diverse branches of government. Thus, the function of the writ of amparo is to give persons (both individuals and juridical persons) an instrument to challenge acts of authorities (including administrative, judicial and legislative acts), for being contrary to the fundamental rights contained in the Constitution. Different from the ‘Spanish model’, which granted the...