The special constitutional trascendence of the Amparo appeals as a constitutional category, "die of success" or "live in failure" Articles uri icon

publication date

  • January 2018

start page

  • 253

end page

  • 270

volume

  • 41

International Standard Serial Number (ISSN)

  • 1139-5583

abstract

  • This paper focused on the risks for Constitutional Court legitimacy if the need of special constitutional trascendence, on the Amparo appeals procedures, is rigidly applied. This need was introduced in order to avoid a crisis situation on the Amparo appeal procedure (to avoid that it will die of success), but extremely rigid applied can cause a failure of it (live in failure). The Constitutional Court legitimacy depends on its capacity to protect and guarantee the fundamental rights: a strong inadmissibility of the appeal could deeply shrink it.

keywords

  • constitutional court; amparo appeal; special constitutional trascendence