The Amparo of Rights in the Constitutional Rule of Law. Notes from an Argumentative Theory of Law

This research reviews the institution of amparo within the Constitutional Rule of Law, in the civil law culture. It defends the thesis that the procedural institution of amparo is not theoretically necessary -in a logical sense- for the existence of the Constitutional Rule of Law; the reasons to justify its implementation are then of a practical nature. It is also argued that, based on legal constitutionalism and taking the process of constitutionalization of legal systems seriously, it is possible to stipulate a general conception of amparo and to infer an optimal model. This model is adjusted to the properties of the Constitutional Rule of Law, harmonizing the relevant aspects of the current European and Latin American models and dilutes its problems. The countries that decide to implement or maintain (with adjustments) the procedural institution of amparo ought to keep in mind this optimal model.