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Constitutional Law and Amparo Trial 

Constitutional Law has two fundamental functions: to organize and establish the duties and competencies of the public power, and to define the individual rights before such power. Both purposes comprise the fundamental basis of the Rule of Law.

 

The Amparo Trial is an essential means of defense for the people against acts of authority that violate their human rights and their guarantees of protection, whether such acts are of administrative, legislative, or jurisdictional nature.

 

The purpose of the Amparo Trial is to declare null the contested acts and to reinstate the violated rights. When the Amparo is granted, the enjoyment of human rights that were violated must be restored. In other words, a favorable ruling of Amparo will order things to be left as they were before the violation of the authority.

 

The Amparo Trial does not proceed ex officio, that is, it only can be initiated at the request of the aggrieved party once all the ordinary judicial means have been exhausted, with some exceptions. Finally, Amparo decisions will only engage those who have requested it, being individuals or legal entities, hence they will only take effect for them.

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