Sectoral amparo in the constitutional process: Insights from Spain and Latin America

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.

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Publication Details

Journal
RUDN JOURNAL OF LAW
Published
2025-10-24
DOI
https://doi.org/10.22363/2313-2337-2025-29-3-668-676
Primary Topic
Comparative constitutional jurisprudence studies
Type
article
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article

Sectoral amparo in the constitutional process: Insights from Spain and Latin America

А А Клишас
RUDN JOURNAL OF LAW
Comparative constitutional jurisprudence studies
article

Sectoral amparo in the constitutional process: Insights from Spain and Latin America

А А Клишас
article en

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.

RUDN JOURNAL OF LAWVol. 29(3)
Peoples' Friendship University of Russia (RU)
Openalex Percentile: Top 65%
Comparative constitutional jurisprudence studies
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