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The amparo suit is a Mexican legal institution similar in its effects to such Anglo-American procedures as habeas corpus, error, and the various forms of injunctive relief. It has undergone a long evolution since it was incorporated into the Constitution of 1857. Today, its principal purpose is to protect private individuals in the enjoyment of the rights guaranteed by the first twenty-nine articles of the Constitution.
Mexico after its independence produced many constitutions. One of the earliest problems was to find an adequate means of defending the Constitution against ill-founded interpretations of its precepts. Like the United States, Mexico has developed a system of constitutional defense in which the judiciary is the supreme interpreter of what this document means. Unlike the United States Supreme Court, however, the Mexican Supreme Court has not been innovative in its decisions or contradicted the administration on major policy decisions. This difference must be attributed to the civil law system of Mexico as well as to the political climate.
The first part of Richard D. Baker’s book describes the historical background of amparo and other methods of constitutional defense in Mexico. The three men most closely associated with creating a judicial form of constitutional defense in Mexico were Manuel Crescencio Rejón, José Fernando Ramírez, and Mariano Otero. Their own writings indicate that the immediate source of amparo must be found in the American institution of judicial review that was transmitted to Mexicans through Alexis de Tocqueville’s Democracy in America.
The second part is an exposition of the workings of the amparo suit in the twentieth century and the constitutional and statutory provisions affecting it. Since 1857, when it was incorporated into article 102 of the Constitution, the amparo suit has evolved into a highly complex institution performing three functions: the defense of the civil liberties enumerated in the first twenty-nine articles of the Constitution, the determination of the constitutionality of federal and state legislation, and cassation. The Supreme Court is primarily limited to defending civil liberties through the amparo suit; it remains less innovative and more restricted than the United States system of judicial review, especially in the effect of its judgments on political agencies.
Baker’s study is the first one in English dealing with this subject and is one of the most extensive in any language. It should be welcome as a valuable tool to all students of Mexican law, history, and political thought.
- Sales Rank: #5734361 in Books
- Published on: 2015-01-15
- Original language: English
- Number of items: 1
- Dimensions: 9.02" h x .72" w x 5.98" l, 1.04 pounds
- Binding: Paperback
- 318 pages
About the Author
Richard D. Baker (1925–2006) was Professor of Political Science at the University of Oklahoma.
Most helpful customer reviews
1 of 1 people found the following review helpful.
Excellent study!
By A Customer
As a lawyer specializing in Amparo and Criminal Law, I can say that this is a trully excellent book. Dr. Baker's analysis of the Mexican amparo system is excellent, and it is a good begining for comparing Mexican judicial review to that of the United States.
Because the book was written in 1971, some amendments have been made to the amparo law since then, so you will have to study about these changes elsewhere. Nonetheless, as the essence of the institution has not changed, Dr. Baker's book is still an excellent analysis of the Mexican Amparo system. If you are fluent in Spanish, you may also want to check "El Juicio de Amparo" by Ignacio Burgoa, and the book by Sergio Leff, which will be printed in the year 2000.
0 of 0 people found the following review helpful.
Judicial Review in mexico book written by my Father.
By Krishna Baker
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