Origins in Mexico
The Mexican amparo has inspired many and served as a model in other judicatures. In the Philippines, Chief Justice Reynato Puno noted that the model for amparo used there was borrowed from Mexico: the writ of amparo is a Mexican legal procedure to protect human rights. Of Mexican origin, thus, "Amparo" literally means "protection" in Spanish. De Tocqueville’s Democracy in America had been available in Mexico, in 1837 and its description of judicial review practice in the U.S. appealed to many Mexican jurists. Mexican justice Manuel Crescencio Rejón, drafted a constitutional provision for his native state, Yucatan (threatening independence from Mexico), which empowered jurists to protect all persons in the enjoyment of their constitutional and legal rights. This was incorporated in 1847 into national constitution. The great writ proliferated in the Western Hemisphere, slowly evolving into various fora. Amparo became, in the words of a Mexican Federal Supreme Court Justice, Mexico’s “task of conveying to the world’s legal heritage that institution which, as a shield of human dignity, her own painful history conceived.”
Amparo's evolution and metamorphosis had been witnessed, for several purposes: "(1) amparo libertad for the protection of personal freedom, equivalent to the habeas corpus writ; (2) amparo contra leyes for the judicial review of the constitutionality of statutes; (3) amparo casacion for the judicial review of the constitutionality and legality of a judicial decision; (4) amparo administrativo for the judicial review of administrative actions; and (5) amparo agrario for the protection of peasants’ rights derived from the agrarian reform process."
Mexico's "recurso de amparo" is found in Articles 103 and 107 of the Mexican Constitution -- the judicial review of governmental action, to empower state courts to protect individuals against state abuses. Amparo was sub-divided into 5 legal departments:
- (a) the Liberty Amparo (amparo de libertad)
- (b) the Constitutionality Amparo (amparo contra leyes)
- (c) the Judicial or “Cassation” Amparo, aimed at the constitutionality of a judicial interpretation
- (d) the Administrative Amparo (amparo como contencioso-administrativo); and
- (e) the Agrarian Amparo (amparo en materia agraria, ejidal y comunal).
Read more about this topic: Recurso De Amparo
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