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Chapter Five - The Amparo Action in Countries that Apply Only the Concentrated Method of Judicial Review of Legislation

Published online by Cambridge University Press:  08 August 2009

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

Other Latin American countries, on the contrary, do not apply the diffuse method of judicial review, having adopted the concentrated one as the only method of judicial review, as is the case of Bolivia, Chile, Costa Rica, El Salvador, Honduras, Panama, Paraguay and Uruguay. In all these countries the concentrated method of judicial review is applied as the only one existing in the country by reserving for the Supreme Court or to a Constitutional Tribunal the monopoly to control the constitutionality of legislation. It is because of this concentrated system of judicial review that in countries like Costa Rica, El Salvador and Nicaragua the power to decide the amparo action has also been concentrated in a “Constitutional Jurisdiction” as it also happens with the amparo actions in Europe.

However, in Latin America, this is an exceptional trend and regarding the amparo action, in general terms the Supreme Courts or the Constitutional Tribunals are not the only ones empowered to decide them. On the contrary, in the majority of the Latin American countries with concentrated system of judicial review, the amparo jurisdiction corresponds to a variety of courts and judges.

Thus, for the purpose of studying the amparo in countries with only a concentrated system of judicial review, a distinction must be made between countries where amparo is attributed to a single court with a concentrated power of judicial review and countries where it is attributed to the whole judiciary.

Type
Chapter
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Constitutional Protection of Human Rights in Latin America
A Comparative Study of Amparo Proceedings
, pp. 102 - 119
Publisher: Cambridge University Press
Print publication year: 2008

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