Sectoral amparo in the constitutional process: Insights from Spain and Latin America
- Authors: Klishas A.A.1
-
Affiliations:
- RUDN University
- Issue: Vol 29, No 3 (2025): INTERNATIONAL LAW. FOREIGN LAW
- Pages: 668-676
- Section: CONSTITUTIONAL AND MUNICIPAL LAW
- URL: https://journals.rcsi.science/2313-2337/article/view/327386
- DOI: https://doi.org/10.22363/2313-2337-2025-29-3-668-676
- EDN: https://elibrary.ru/AKNZUF
- ID: 327386
Cite item
Full Text
Abstract
The amparo procedure is analyzed as a means of protecting the subjective rights and freedoms of citizens in the context of the sectoral features of the legal system. A comparative legal analysis is conducted, contrasting the amparo procedure with other means of constitutional protection known in world practice. This analysis reveals the phenomenon of “sectoral amparo” exemplified by Spain and Latin American countries. The idea is presented that “sectoral amparo” constitutes an important element of the national constitutional identity of the legal and order systems in many countries worldwide. The focus is placed on Mexico’s experience as the first country that to introduce the amparo procedure into legal system. Thanks to the innovations in the Mexican Constitution, the amparo institute has gained widespread recognition in global practice.
About the authors
Andrey A. Klishas
RUDN University
Author for correspondence.
Email: klishas-aa@rudn.ru
ORCID iD: 0000-0002-3472-4926
SPIN-code: 2146-7486
Doctor of Legal Sciences, Full Professor, Head of the Department of Theory of Law and State of the RUDN University, Scientific Director of the RUDN Law Institute, Chairman of the Committee of the Federation Council of the Federal Assembly of the Russian Federation on Constitutional Legislation and State Building, Law Institute
6 Miklukho-Maklaya str., Moscow, 117198, Russian FederationReferences
- Eremyan, V.V. (1998) The amparo procedure as a mechanism for protecting the Mexican Constitution and a factor in maintaining political stability. RUDN Journal of Law. (1). (in Russian).
- Eremyan, V.V. (2019) Comparative constitutional and municipal law school (Part I). RUDN Journal of Law. 23 (4), 640-652. (in Russian). https://www.doi.org/10.22363/2313-2337-2019-23-4-640-652
- Eremyan, V.V. (2020) Comparative constitutional and municipal law school (Part II). RUDN Journal of Law. 24 (1), 158-169. (in Russian). https://www.doi.org/10.22363/2313-2337-2020-24-1-158-169
- Tschentscher, A. & Lehner, C. (2013) The Latin American Model of Constitutional Jurisdiction: Amparo and Judicial Review. 2296004. http://dx.doi.org/10.2139/ssrn.2296004
Supplementary files
