A REVISED GUIDE TO THE LAW & LEGAL LITERATURE OF MEXICO

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STAT
ILLEGIB
A Revised Guide to the
Law & Legal Literature
of Mexico
LIBRARY OF CONGRESS WASHINGTON 1973
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Literature 37
lawyer and professor, Alfonso Noriega.104 A comprehensive manual on
general and special aspects of constitutional law by Francisco Ramirez
Fonseca 1" appeared in 1967. After a general historical survey, he treats
the individual artides of the 1917 Constitution in an exegetic style with
copious annotations and case law references. ?
Possibly the most extensive and scholarly contribution made recently in
Mexico in the field of constitutional history and law is the beautifully
compiled and bound set of eight volumes issued in 1967 by the Chamber
of Deputies I" to commemorate the 50th anniversary of the 1917 charter.
The first two volumes cover, in great detail, constitutional history from
1812 to 1917. The remaining six volumes take up the 136 articles of the
Constitution individually, giving under the text of each a great mass of
related historical and legal background, commentaries, extracts of other
works and original comments on the value of their contents, and other
matters of interest. The contents are composed of retrospective and con-
temporary contributions by Mexican statesmen and authorities of all
periods. The topic of the rights of the Mexican people is particularly
highlighted throughout the work.
Two recent contributions which have come to hand include a limited
edition of a work by Jorge Vallejo y Arizmendi,m whose earlier biblio-
graphical works were described above. The present item is called a pro-
logue to constitutional law, although in truth it is more substantial. It is
well documented and includes copious bibliographical footnotes. The
second work, which also commemorates this 50th anniversary, was authored
by Jorge Carpizol" and sponsored as a university publication. It quotes
extensively from other sources, evaluating the comments and opinions of
both foreign and national authors. It also includes constitutional decisions
on various points in the work.
tat Noriega C., Alfonso. La naturaleza de las garantias individuales en la Constitucion de
1917. [Mexico] UNAM, Coordinacion de Humanidades [1967] 119 p.
tcos Ramirez Fonseca, Francisco. Manual de derecho constitucionaL Mexico, Edit. Porrtia, 1967.
479
p.
106 Derechos del pueblo mexicano; Mexico a travis de sus constituciones. [Mexico] XLVI Legis-
latura de la Camara de Diputados, 1967? . 8 v.
107 Vallejo y Arizmendi, Jorge. Prdlogo al derecho constitucional [La Constituci6n de 1917].
Mexico. 1968. 186 p.
los Carpizo, Jorge. La Constitucion Mexicana de 1917. [Mtbdco] UNAM, Coordinacion de
Humanidades [1969] 384 p.
?
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38 Constitutional Law
President Gustavo Diaz Ordaz in 1964 urged the Chamber of Deputies'
to issue a succinct handbook on the Constitution for the use of every
citizen. The work, a collaboration of the most eminent constitutionalists
and professors, contains a brief history of the constitution, civil rights,
and other highlights. Each provision is followed by annotations and excerpts
to enlighten the layman. An unusual number of copies-100,000---were
printed and distributed free of charge to Mexicans.
Writ of Amparo, Judicial Review,
and Protection of Individual Rights
Many dictionary and legal definitions have been offered for the term
"amparo," but the Mexican institution of this name has no exact equiva-
lent in English or common law. Literally, it means protection, favor, assist-
ance, or support. Legally, in one of its aspects, it resembles our common
law writ of habeas corpus. This particular aspect of physical freedom is the
basis of similarly named institutions of amparo in other Latin American
nations. However, as the amparo has evolved and been molded over a
century of time in Mexico, it embraces, in addition to the habeas counts
elements,_avects of other common law writs of_injunctionor,_man-_
damns, and certiorari.
Amparo can be characterized briefly, therefore, as aTecial and extraor-
dinary_legal remedy, federal in jurisdiction and unique_to _Mexico; a suit
_ -
which not only champions the physical freedom of a person but also pro-
tects his other personal interests and property rights. The protection is
principally against co,.rcive and abusive acts of authorities of the Gov-
ernment.
It has iaken generations of jurists and legislators, collaborating in the
long evolution of this unique institution, to secure the crystallization into
its present status.
Over the years, the amparo evolved more into a role of Lguardian of civil
rights than a defender of the Constitution itself, although recent trends have
109 Mexicano: Esta es tu constitucion. [Mexico] Camara de Diputados, 1968. 377 p.
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Writ of Amparo, Judicial Review, dr Protection of Individual Rights 39
been somewhat more liberal in broadening the extent of judicial review of
unconstitutional legislation and, to some extent, its cassation functions.
However, it still remains the exclusive power of the Legislature to amend
or repeal legislation. Judge-made law is considered unwarrantek interven-
tion of one governmental power in the affairs of another.
Details and ramifications of the amparo cannot be treated here to the
extent they merit, but this special subsection in the chapter on constitutional
law is devoted to sketching its history, use, and scope, because it is a unique
institution and one of growing interest to the legal scholars of other nations.
The bibliographical footnotes include not only legislative sources but also
a selection of monographic works either dealing with the amparo proper
or discussing it within its broader aura of judicial review and guardianship
of civil rights.
As concisely defined by one of the better known constitutional experts
of Mexico, Dr. Gual Vidal,' "This is a constitutional suit of a summary
nature, the object of which is to protect in a special case and at the petition
of the injured party, all private persons whose individual rights as estab-
lished in the Constitution have been violated through laws or acts of
authorities, or when the laws or acts of the Federal authorities injure the
`
sovereignty of the States." The development in legislation and practicej
has greatly expanded the use and scope of the substantive nature of the
amparo as well as its procedural aspects. It has also had effective influence
as a channel of cassation. The major proportion of the business coming
into the Federal courts is channeled through the amparo, which has become
very popular. It is not surprising, therefore, to read about the enormous
arrearages that have piled up in the past on various types of indirect and
some direct amparo actions, delaying the administration of justice in a
serious way. The question of unconstitutionality of any legal provision that
may be the cause or basis of complaint of an amparo petition or a question
which arises during the hearing of an amparo suit may not be decided
in the same action. Defense of the supremacy of the Constitution may be
effected through other direct or even subsidiary channels, but, in the end,
the offending_law _may be repealed-ozalieredy_the legislative power.
The origin of the amparo has long been a matter of controversy among
Gual NTidal, Manuel. "Mexico Amparo Proceedings." In Selected Papers and Reports on
Current Latin American, European and Asiatic Legislation, American Bar Association, Section
of International and Comparative Law, 1941, P. 82.
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40
? A
, Constitutional. Law
legal historians,2 some writers holding that it originated from traditional
customs which came to Mexico via the mother country, others contending
that it evolved from influence exerted on Mexican statesmen by the French
and North American Constitutions of the same era, perhaps coming indi-
rectly through the Spanish Constitution of 1812 which was briefly in force
in Mexico. Although there were vestiges of this type of protection in some
of the very early fundamental laws of Mexico, the institution of amparo
as such did not take on true substance or definite form until the mid-
19th century.
Although the Constitution of 1824 did not contain any mention of the
amparo, this first charter of independent Mexico did embody the principle
of supremacy of the Constitution within the framework of a federal sys-
tem. Article 161 et seq. planted the seeds by vesting in the Congress exclu-
sive power to decide on any questions relative to the Constitution, while
in article 137 (sec. V, 6), the Constitution conferred on the Supreme Court
judicial control over any violations to the Constitution and ordered regu-
latory implementation to make this control effective procedurally speaking.
This charter was in force less than a decade, being repealed by the Seven
Laws of 1836, a document that purported to change the Government to
something between a centralized and a federated organization. In addition
to the classic three powers, it created a fourth power- known as Supremo
Poder Conservador.3 This was intended to be an entirely neutral body of
2 Echanove Trujillo, Carlos A. La obra juridica de Manuel C. Rejen, Padre del arriParo.
Mexico, Sindicato de Abogados del Distrito Federal, 1937. 16 p.
. Rejdn jurista y constituyente. Mexico, Edit. Jus, 1940. 41 p.
. Manuel Crescencio Rejen. Biograflas PoPulares. Mexico, Ediciones de la Univ.
Nacional, 1937. 26 p.
. "Rejdn, Otero y el amparo." In La Justicia, February 28, 1938.
-. "Manuel C. Rejen ,y la Constitucien de 1824." In Jus, v. 3, November 1939.
Gaxiola, Federico Jorge. Mariano Otero (creador del juicio de =pare). Mexico, Edit. Cultura,
1937. 363 p.
Noriega C., Alfonso. "El origen nacional y los antecedentes hispanicos del juicio de amparo."
In Jus, v. 9, September 1942.
Peniche Lopez, Vicente. "Rejon y el juicio de amparo." In Rev4sta de Ciencias Sociales,
2.ep., December 1930/January 1931.
Rabasa, Emilio. El juicio constitucional. Origenes, teoria y extension. Mexico, Vda. de Ch.
Bouret, 1919. 348 p.
3 ComisiOn sobre organizacion de un Supremo Poder Conservador. Proyecto de la segunda ley
constitucional . Mexico, M. FernAndez de Lara, 1835.
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Writ of Amparo, Judicial Review, dr Protection of Individual Rights
41
five members, acting independently of the legislative, judicial, and execu-
tive powers, who were charged exclusively and autonomously with the, task
of seeing that the Seven Laws were rigidly observed. As one of their c.oun
trymen described it, this body was apparently "answerable ,only to God
and public opinion." Any complaints of unconstitutionality and any
claims of violation were subject to investigation and decision by this fourth
power. Within a very brief span of time, recommendations were already
being made to do away with this novel institution -and to transfer juris-
diction to the Supreme Court as the more appropriate organ. This sug-
gestion, made by an appointed commission, did not receive any implemen-
tation immediately but apparently influenced legislators to seek other ways
of protection. The Supremo Poder Conservador was finally abolished in
1840, but no substitute was provided.
At about the same time, Manuel Crescencio Rej6n of the State Legis-
lature of Yucatan, who is often referred to as the father of the amparo,
drafted a new local charter for his State which contained the first germs
of the new institution later denominated as amparo. Therein he recom-
mended that the highest State court be endowed' with jurisdiction to pro-
tect (amparar) individuals against_violation_of_their_fundarriental_rightk.
as g"---r-arited in the charter?violations which could come_inthe form of
either acts or laws and decrees. The court in such cases could label the
irtive provision unconstitutional, while a later provision in the same
Constitution decreed that the protection of the guaranteed rights of indi-
viduals would extend to violation by judicial authorities as well. Dr:
RejOn's intention was to entrust the judiciary with the power of judicial
review of legislative and executive acts. His argument was that when a
judge denied recognition or application of a given legal provision in a
case under consideration, the result was to deny force to the: said legal
provision. Although the judiciary could not in fact_repeaLthe_law_hecause,
of the civil law rule_that...a_law_could be rene_aleL2nly _jay another law
repeated attacks in court ,212a_particular ,provision of law could at least
be used as erp_.i2aj..i_l_te_lools to force thelegislature eitlaemyt aller_a_rspeal
the offending_precept. Eyen at that early time, it was acknowledged, how-
ever, that the greater evil would be to permit the judicial power to inter-
vene in the field of the other powers. Rej6n also proposed that, if neces-
sary, a separate and independent action could be brought to defend the
Constitution, should an issue arise in connection with the private action
of an individual in litigation concerning his civil rights.
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42 Constitutional Law
At the 1842 convention, which was to bring forth a new charter for the
nation, another jurist, Mariano Otero,4 a, rival of RejOn in fathering the
amparo, was able to study and build on previous recommendations, includ-
ing those of Rejon, on this particular aspect of constitutional law. Otero
came into the picture later than Reyon, but the latter's work had been
in local rather than federal or national circles. In this conference Otero filed
a minority report which came much nearer to defining the amparo
as it now exists than did the earlier efforts of Rejon, although both
approached the subject from judicial and political angles. In this draft
Constitution, an interplay of balances was suggested between the three
branches. The power to nullify acts of the Executive was placed in the
Senate, should the acts infringe either the national or local constitutions or
national laws. The annulment of any action by the Supreme Court and its
chambers could be effected by the Chamber of Deputies, should such
actions of the former appear to usurp power or privileges expressly con-
ferred upon the local courts or other governmental authorities. The Con-
gress_ could also be authorized to pass on the constitutionality of State-,
legislation. The judicial branch, on the other hand, would be empowered
to protect the individual rights conferred by constitutional mandate, when.
v-io-late--d by Federal powers of the legislative and executive branches. These
provisions recommended by Otero were much more complicated than those
of Rejan, but in any case, the drafting of this particular Constitution was
futile, and additional conferences were required before the matter was
concluded.
In 1843, the various proposals of 1840 and 1842 (supra) were again being
studied by other statesmen, in relation to drafting still another constitution
for the nation. The trend was now back to a centralized government, how-
ever, which did not favor the principles under discussion.
The example set by RejOn within a local State framework began to have
true nationwide influence when a six-member commission was created in
1847 to draft a new Federal constitution or to reform the one in existence.
Rejon was made a member of this body, as was Mariano Otero. As described
above, Otero had already evinced interest in some method to guarantee
the civil rights of the people, and both jurists brought their views to the
consideration of fellow members on the commission. The result of the
4 Con greso constituyente de 1842. Proyecto de constitucidn que Presenta al soberano con-
greso . . . y voto particuMr de minorla. Nfixico, 1. Cumplido, 1842. 119 p.
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Writ of Amparo, Judicial Review, ir Protection of Individual Rights
work of the committee was not a new charter but rather- a provisional
revival of the Federal Constitution of 1824 with extensive amendments,
referred to as the Acta de Reformas of 1847. In the accoinpanyinF.state-
ment of motives, Otero stated that "The frequent attacks by State and-
Federal powers upon the individual make it urgent that, upon reestablish-
ing the Federation, some assurance of personal guarantees must be incor-
porated. This guarantriiited only to the jtichcialipOwei,_tiie
iiilleient?por of individual rights, and for this reason, the only suit-
able one." Article 25 of the Acta de Reformas actually did confer on the
Federal courts jurisdiction to protect (amparar) any inhabitant of the
Republic in the preservation of the rights granted to him under the Con-
stitution against violation by the legislative or executive powers of either
the Federal or State Governments. Article 22 provided that any State law
which violated the provisions of the Federal Constitution or of general
laws could be declared void by Senate action in the Congress, thns-alreaclf
_
making a differentiation as to which body would have authority to dedare
laws unconstitutional and which could protect the individual against vio-
lation of the rights conferred on him in the specified articles of the Consti-
tution. Otero apparently did not conceive of overall defense of the Con-
stitution as being anything but political and therefore not within the
purview of the judicial power to review, which might lead to a clash or
conflict between the powers of Government. He therefoie- limited the
remedy only to matters directly infringing civil rights. The special pro-
cedure which was intended to enforce the protective measures was ordered
by article 25 to be enacted by the Executive but, unfortunately, because
of political upheavals, did not bear fruit at this time, thus leaving without.
teeth the principles enunciated above. I
The controversial literature defending the contributions of the two-
gentlemen who are claimed to have fathered the amparo generally credits
Rejan in the matters of priority in time and adaptation of French and
American ideas to local Mexican conditions. He also foresaw a broader
and more expanded scope for application of the amparo. Otero, on the
other hand, is generally credited with holding a national rather than a
local viewpoint, and his recommendations were more detailed concerning
actual implementation and procedure of the unique suit, although they
were limited to individual protection.
The statutory implementation or regulation of the constitutional pro-
visions dealing with the institution of amparo can be traced in an ever-
4-4
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44 Constitutional Law
growing body of substantive and procedural articles. The following brief
legislative history is limited to the principal revisions or substitutions by
new legislation but will not attempt to include all of the many other
instances of amendment and change of lesser importance.
An initial effort at drafting such regulations was made in February of
1852 and resulted in a brief 15-article statute, regulatory of artide 25 of
the Acta de Reformas of 1847. For the first time, the defense was officially
cited as Recurso de Amparo, but unfortunately it failed to get legislative
approval and died in draft form. A second attempt did not occur until after
the adoption of the Constitution of 1857 under President Juarez, who
promulgated the first Organic Law on Procedure for Federal Courts on
November 30, 1861.5 It was this same Executive who also had the oppor-
tunity to promulgate the second, more substantial statute in this field on
January 20, 1869.6 He had not been in power during the interim because
of the intervention of the Empire under Maximilian. The third revision
was proposed before many years had elapsed but was not final until adopted
as the Law of December 14, 1882? It contained six times as many articles as
the first attempt and provided additional scope for use of the amparo
against judicial acts.
During the dictatorial regime of Porfirio Diaz, the amparo law under-
went two manipulations in which it lost its form as a statute. In 1897 8 it
was incorporated in the text of the Federal Code of Civil Procedure, and
!educed to 10 sections in this body of law. In this same form, it received
further revision as part of the new Federal Code of Civil Procedure in
1909.? This code listed the situations in which amparo could not be
invoked or granted. It likewise increased the grounds on which the courts
could dismiss cases in progress. The 1909 revision also attached the statute
to the procedural code and, as an important novelty, it added provisions
Ley Orgdnica reglamentaria de los articulos 101 y 102 de la Constitucidn (1861). In
Legislacidn Mexicana de Dubldn y Lozano. Ed. oficial. 1878, v. 9. p. 328-330.
6 Ley Orgdnica constitucional sobre el recurs? de amParo (1869). In Legislacidn Mexicana de
Dubldn y Lozano. v. 10. p. 521-525.
7 Ley Orgdnica de los articulos 101 y 102 de la Constituridn Federal de 5 de febrero de 1857.
Saltillo, Impr. del Gobierno, 1883. 18 p.
8 Cdcligo de Procedimientos Federates. Ed. oficial. Mexico, Ofic. Impr. del Timbre, 1896-97.
129 p.
9 Cddigo Federal de Procedimientos Civiles. Ed. oficial. Mexico, Impr. de A. Enriquez, 1908.
140 p.
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Writ of Amparo, Judicial Review, 6. Protection of Individual Rights
? '
making a 'fixed line of decisions binding as-precedent.-By the end of .the,__
.Diaz regime in 1910 and until the adoption of a new charter in 19l\7.
the amparo law did not suffer too many alterations and could be coik,?...
sidered as already well rooted in juridical terms. The revolution whiclir.
took place did not appear to have any particular disturbing influence on \
the practical use of the amparo. In the 1917 Constitution, the application
of amparo suits was expanded to include agrarian and labor matters, fields
which had received the bulk of attention in the liberal and social trends
of the revolution. Many of these liberal aspects had already received
attention in the form of special revolutionary decrees of President Venu-
stiano Carranza and, by his orders, were incorporated into the constitu-
tional format in order to make them permanent and official. The draft of
the charter and the accompanying statement of the President were handed
to the Constitutional Convention by Carranza for consideration and
adoption.1? The members .were permitted much less independence of
thought and action_ on this occasion than was true of earlier sessions of ,
this nature.
The adoption of an entirely new charter in 1917'obviously made neces-
sary a new implementation- of its provisions on judiciat'review and amparo
in the form of regulations_This was accomplished by late 1917, although
the law itself was not promulgated until late 1919, still during the regime
of Carranza, under the title of Organic Law Regulating Articles 103 and.
104 of the Federal Constitution, which remained in- force until 1936.. _ _
There were a number of important changes made in the scope and use
of the law as an appeal and defense of constitutional rights because of the
liberal and revolutionary amendments in the Carranza charter. i By this
time, the regulatory amparo law had grown to 165 articles, containing
comprehensive and precise details in both substantive and procedural pro-
visions. For the first time, thilvic of jut_n_itp_r_tidmia, or binding prece-
dent, was defined and im lemented. It also wended coverage to labor
matters.
This statute remained in force for 17 years before it was replaced by
the greatly revised text of January 10, 1936.11 B.11i211.L.Ihe 1936 text is
still in force but has suffered many and important alterations over the
so Ley reglamentaria de los articulos 103 y 104 de la Constitucidn Federal. Ed. oficial. Mon-
terrey, Tip. dcl Gobierno, 1919. 60 p.
ii Nueva Ley de Amparo, orgdnica de las articulos 103 y 107 de la Constitucidn Federal. In
Diario_O (trial, Mexico, January 10, 1936.
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46 Constitutional Law
years. The principal alterations and additions will be found in the Laws
of February 19, 1951,22 popularly cited as the Miguel Aleman revision
because of this President's interest in expediting the administration of
justice and reducing the enormous arrearages of pending amparo suits,
particularly in the Supreme Court. Another substantial revision was
adopted in 1957.23 These revisions expanded jurisdiction downward to the
lower Federal courts for direct amparos, formerly solely within the juris-
diction of the highest court.
The years 1962 and 1963 saw substantial changes made in land and
agrarian reform, and this caused a correlative amendment in the pro-
cedures to permit the use of amparo to protect these rights also. However,
the most recent and comprehensive change in the contents of the amparo
law was caused by constitutional amendments adopted by the Decree of
June 19, 1967," which necessitated similar alterations in the amparo law.
This was accomplished in 1968 15 by the Decree of December 26, 1967. The
changes concerned aspects of appeals against decisions of administrative
courts and bodies and assigned further jurisdiction to the lower Federal
courts for procedural violations.
Perhaps the most striking alterations were made in the field of stare
decisis. The former restrictive measures regarding binding force of the
jurisprudencia of the Supreme Court were relaxed somewhat to permit
jurispruclencia, or fixed precedent, to be made by the lower Federal courts
in _specified types of cases and under the rules set forth under articles og
and 193. Also, the Congress gave a formal title to the legislation for its
future official citation as Ley de Amparo; Reglamentaria de los Articulos
103 y 107 de la Constitucion Politica. - -
A brief summary description of the contents of the amparo follows,
based on its present state of development and as governed by the consti-
tutional and statutory precepts above cited. Article 104 of the Constitution
is brief, merely enumerating the grounds of jurisdiction of the Federal
judiciary and including thereunder "controversies arising out of laws or
acts of authorities that violate individual guarantees." Article 107, on the
contrary, is lengthy, consisting of 18 numbered sections and multiple
12 Diario Oficial, February 10, 1951.
13 Diario Oficial, December 31, 1957.
14 Diario Oficial, October 25, 1967.
13 Diario Oficial, April 30, 1968.
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Writ of Amparo, Judicial Review, dr Protection of Individual Rights 47
paragraphs under the majority of the latter. This artidedetails the rules
and procedural elements and, as legislatively implemented by the organic
law of the amparo, it touches on the jurisdictional problems, the right's of
actions, types of direct and indirect remedies, permissible appeals, extent
of relief that can be granted, the influence on other bodies of repeated
judicial decisions, and similar matters.
The rights of the individual subject to guardianship of the amparo are
enumerated in the first 29 articles of the Constitution. In addition to the
universally known rights and freedoms, the Constitution includes some
that conceivably could or should have been taken for granted in the
20th century. For example, it should not be necessary to incorporate in a
constitutional structure the enunciation of -Sikh matters as freedom to
cfi-aliage one's residence, to own property, to travel, etc., although inclu-
sion of the right to free education, freedom to choose a profession, trade,
or occupation, and freedom to enter and leave the country may be more
justified. In practice, other rights have been brought under this protective
umbrella by relating them to article 14 of the Constitution, which is
similar to our own due process clause.
A2.p_e_si_a_l_point in ? anting relief in an am aro is its limitation ? the
ally or parties __in so.urt_ancl_to t e particular case under consideration.
Other persons__similarly-injured--t e-san?h?TeT-Ta----w_or_act_umst,_
bri ir own_actions- in-amparo,-and-i t-is-not-beyoncLthe_realt
crlied_the_saine_relieLthate
sibility that_they_might even d
to the preceding party. Other features of the amparo require that the
aggrieved plaintiff must have suffered actuaLdamage or loss which can be
proved, and, even though it may have been the direct result of application
of an unconstitutional or illegal precept of law, the court cannot in the
same case issue any overall declaration of unconstitutionality of the law.
This is accomylished independently of_the_amparo.suit, while actual repeal
or alteration of_the_offending provision is still a functio,n_oLthelegillative
branch.
among_other_features_penalties_ to, be imposed
on the authorities or officials who refuse. or fail to comply with the court
orders concerning the relief granted under the amparo in each particular
case. However, as phrased by Gual 'Vidal," "The amparo is not an integral
system of defense of the Constitution, since its function is in relation to
the violation of an individual right, for even in the instances enumerated
16 Gual Vidal, op. cit., p. 83.
STAT
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Constitutional Law
in Sections II and III of Article 103, case-law has not admitted the possi-
bility of the Federation or the States petitioning for araparc) as political
entities."
Among the more important provisions, those concerning the establish-
ment of binding precedent in a nation where the general rule of stare
decisis does not obtain are worthy of special mention. Jurisprudencia, then
closest definition to common law binc_Iii4?rgceden,1 t. can be established
)57-i-firorfive successive arnparo decisions of the Supreme Coup with a
specified percentage of assenting votes by the Justices and no interruptions
ment on the same point. The Court officially pub- -
fishes, in a topical arrangement in the court reporter,17 those points on
which it has established binding jurisprudencia, as well as others on which
several decisions have been rendered that have fixed a firm line of per-
suasive nature, although they are not binding. This is included occasion-
ally in appendixes to the Semanario Judicial and sometimes cumulated
in separate volumes. Jurisprudencia may_b_e upset or overruled by a deci-
?point-ta-t-he-eentrary_with_auent of_the__Justices_sitting_en-
banc, accompanied-by-a-written justification for the refusal -to-follow-the-7,
set precedent. The more recent modifications to the Constitution and the
_
-Law on Amparo have expanded somewhat this use of precedent by per-
mitting the lower Federal courts to establish jurisprudencia subject to
specified rules. These pronouncements would be binding only on local
courts and authorities under their particular levels but not on the Supreme
Court of the Nation.
Numerous editions of the Law on the Amparo have appeared from the
presses of private publishers and editorial firms, a few limited to the bare
text of the statute in force at the time, others with annotations and addi-
tional materials of related interest.18 A few of the texts are more substan-
17 Jurisprudencia definida de la Suprema Corte de Justicia en sus folios pronunciados del
1? de junio al . . . In ilpendice al Semanario Judicial de la Federaci6n.
18 Ley Orgdnica de los articulos 101 y 102 de la Constitucidn Federal. Orizaba, Tip. El
Hospicio, 1883. 20 p.; Saltillo, Tip. del Gobierno, 1883. 18 p.
Cddigo Federal de Procedimientos Civiles. Ed. oficial. Mexico, Impr. de A. Enriquez, 1908.
140 p.
Ley reglamentaria de los artfculos 103 y 101 de la Constitucidn Federal. Ed. oficial. Mon-
terrey, Tip. del Gobiemo, 1919; Mexico, Impr. del Diario Oficial, 1922. 63 p.
Ley de Amparo; Ley reglamentaria . . . copia fntegra de la edicidn oficial . . . seguida de
unos comentarios . . del Lic. Eduardo Pollards. Mexico, Herrero, 1921. 175p. _
_ Ley_de Amparo-.Ley Orgibtite de- los arttcutos 103 0T61kg tonstitucidn Federal. Edict&
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Writ of Amparo, Judicial Review, ir Protection of Individual Rights 49
tial contributions, such as the looseleaf volume by Manuel Andrade"
and annotated editions by Roman Milian," Luis Muiioz," Rafael de
Pina,22 and Gussinye Alfonso." An earlier Andrade contribution was not
in looseleaf format. The majority of these went into multiple editions.
The various publications by Trueba Urbina 24 on the am.paro have taken
various forms and a great number of editions, not all of which have been
located or identified for incorporation in this bibliography. Trueba
Urbina has also added to the more recent of his contributions the full text
of the Federal Code of Civil Procedure and the Organic Law on the Judi-
ciary, in addition to his excellent annotations. In English translation, only
mimeographed works have been located.25
cuidadoscunente revisada con forme a los textos oficiales. Mexico, Ediciones Botas, 1940. 122 p.
Ley de Amparo . . . Texto cuidadosamente revised?. Mexico, Edit. Auresca [1936] [Eds.
Manuel Fernandez Boyoli and Jos?orres Ulrich]
Nueva Ley de Amparo . . . concordada con la anterior y anotada . . . Mexico, Ediciones
Botas, 1936. 116 p. [Ed. Francisco J. Santamaria]
Ley de Amparo (orgdnica de los artkulos 103 y 107 de la Constitucidn Federal). Cddigo
Federal de Procedimientos Civiks ? . Puebla, Edit. Cajica, 1963. 380 p.
19 Nueva Ley de Amparo; nueva Ley del Ministerio Publico Federal . . . Mexico, Ediciones
Andrade, 1919. 164 p.
Nueva Ley de Amparo Orgdnica de los articulos 103 y 107 de la Constitucidn Federal . . .
Mexico, Edit. Informaden Aduanera de Mexico, 1936. 1 v.; another ed. 1940. [Ed. Manuel
Andrade]
20 Millan, Roman R. Ley Orgdnica de los articulos 103 y 107 constitucionalu . . [Led.?]
2.ed. Mexico, Edit. Derecho Nuevo, 1936. 168 p.
21 Ley de Amparo, con las fatimas reformas, exposiciones de motivos, formularios, y pron-
tuario analitico y sistemdtico, pot Luis Munoz. Mexico, Ediciones Cicer6n, 1951. 175 p.
Comentarios a la Ley de Amparo; antecedentes, derecho compared?, concordancias, legisla-
cidn conexa, jurisprudencia, indice y prontuario. Mexico, Ediciones Lex. 1952. 488 p.
22 Lay de Amparo; texto al dia, jurisprudencia de la Suprema Corte de Justicia, formularios,
In dice alfabetico [pot] Rafael de Pina. Mexico, Ediciones Cicerem, 1953. 128 p.; 2.ed. (?); 3.ed.
1958. 150 p.
23 Ley de Ampere) con las ultimas reformas; exposiciones de motivos, formularios e indice
analitico y sistenuitico [pot] Miguel Gussinye Alfonso. Mexico, Edit. Divulgacien, 1953. 172 p.;
reprinted 1956. 172 p.
24 Ley de Amparo reformada; doctrine, legislacidn y jurisprudencia [or] Alberto Trueba
Urbina. Mexico, Edit. Porrna, 1950. 286 p.; 2.ed. (?); 3.ed. 1953. 404 p.; 4.ed. 1957. 413 p.;
5.ed. 1961. 328 p.; 6-8.eds. (2); 9.ed. 1966. 406 p.; 10.ed. (?); 11.ed. 1967. 406 p.; 12.ed. 1968.
470 p. [Title varies]
25 Taylor, Francis E. Translation of the Law of Amparo. Mexico, 1932. [Reproduction from
typewritten copy]
Asociaci6n de Empresas Industriales y Comerciales. Translation of the Law of Amparo
(Diario Oficial, January 10, 1936) .
Ibid. with all amendments enacted up to June 30, 1953. Mexico, 1953. [looseleaf mimeo-
graphed copy]
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50 , Constitutional Law
In the form of monographs and more general treatises, a selection has
been made to include the more scholarly and authoritative itemiand omit
law school dissertations and articles, which are innumerable, on the various
aspects of this unique Mexican institution. Of the monographic category,
the earlier works have been produced by jurists who were also participants
in either the legislative or judicial formation and evolution of the amparo
and can discuss it in their writings with great authority and experience.
Some approach it within the broad context of the individual rights which
the Constitution guarantees and which require defense against infringe-
ment and also in relation to unconstitutional legislation, national and local.
Among these, Montiel y Duarte 26 was one of the first champions in the
courts of the defense of the Constitution, his cases relating both to Federal
and State interventions and to civil rights. He published numerous articles
on and analyses of his arguments and opinions, but of his works in mono-
graphic form, we are including his monumental work on civil rights and
their protection under the amparo and a less comprehensive work on states'
rights and their defense, using the same constitutional remedy.
Of the same era, Sanchez Gavito produced two small but scholarly
items, 21 one an exposition of his concepts of the application of the amparo
in judicial channels with respect to mortgage registration. The second
touches on theoretical aspects of the amparo and was originally written as
a paper for a learned society publication. Jos?aria Lozano, 28 Chief Jus-
tice of the Supreme Court in the late 19th century and a prodigious author
of periodical articles, discusses amparo protection within the broad context
of fundamental human rights, including much historical data and com-
parative notes with foreign remedies and practices. An appendix to this
work contains the full text of the Constitution and laws under considera-
tion. An extensive commentary on the amparo legislation by Fernando
26 Montiel y Duarte, Isidro. Estudio sobre garantias individuates. Mexico. Impr. del Gobiemo,
1873. 603 p.
Estudio constitucional sobre la soberania de los estados de la Republica Mexicana y
sobre los juicios de amparo. Mexico, Impr. de F. Diaz de Leon, 1874. 68 p.
27 Sanchez Gavito, Indalecio. Amparo en negocios judiciales. Registro de hipotecas. Estudio
de derecho constitucional y civil. Mexico, F. Diaz de Leen, 1879.61 p.
Teoria del Amparo. Mexico, Impr. del Gobiemo Federal, 1897. 50 p.
25 Lozano,- Jose Maria: -Tratado de- los derechos- del hombre.- Estudio- der &mho- constitu-
tional patria en to relativo a los derechos del hombre. Mexico, Impr. del Comercio, 1876. 567 p.
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Writ of Amparo, Judicial Review, dr Protection of Individual Rights 51
Vega 2? represents a valuable contribution as a contemporary reference
source; prepared in exegetic style for easy consultation. Later, he issued
another smaller work consisting of an interesting study on the limitation
of actions in connection with amparo suits. In collaboration with Dr.
Emilio Velasco,3? Mr. Vega made another contribution in this field of law,
debating the aspect of abuse and defects in the execution ? of final judg-
ments rendered in amparo suits.
Ignacio Vallarta, a member of a distinguished family with generations
of jurists and legal authors, contributed a number of substantial works on
the subject of amparo and due process of law. An early work on compara-
tive constitutional law 31 refers to provisions of the Mexican charter of 1857
and its implementary statute on the amparo, analyzing and comparing the
common law writ of habeas corpus with the Mexican remedy. In this work
many excerpts and citations are in English as well as from other sources.
The full text of the U.S. Constitution is included in an appendix. While
Mr. Vallarta was Chief Justice, he actively engaged in the application and
interpretation of constitutional provisions and has written effectively
concerning specific amparo decisions made in his court.32 This work was
reprinted in 1894 and also was included in a collection of his complete
works. In collaboration with some other distinguished colleagues, he pub-
lished opinions on the due process clause of the Mexican charter, con-
tained in its article 14.33
The procedural aspects of the writ of amparo, based on its state of devel-
opment in 1882, were of interest to two early scholars, Ruiz Sandoval 34
29 Vega, Fernando. La nueva Ley de Amparo de garantias individuates orgdnica de los arti-
culos 101 y 102 de la Constitucidn. Mexico, Impr. de J. Guzman, 1883. 300 p.
30 Velasco, Emilio, and Fernando Vega. Cuestiones constitucionales. Sobre exceso y defecto
de ejecucicin de una sentencia de amparo. Mexico, Tip. Econernica, 1902. 38 p.
31 Vallarta, Ignacio Luis. El juicio de artiparo y el writ of habeas corpus. Mexico, Impr. de
F. Diaz de Leon, 1881. 542 p.
32 . Cuestiones constitucionales. Votos del C. . . . Presidente de la Suprema Corte de
Justicia en los negocios mds notables resueltos por este Tribunal . . . Mexico, F. Diaz de Leon,
1879-83. 4 v.; ed. economica, 1894-97. 4 v. in 1; also reprinted in: Obras completas. Ed.
arreglada por Lic. Alejandro Vallarta. Mexico, J. J. Terrazas, 1896. 6 v.
33 (and others). Inteligencia del articulo 14 de la Constitucien. M6cico, F. Diaz de
Leon, 1879.
34 Ruiz Sandoval, Manuel. Manual de procedimientos en el juicio de amparo. [1.ed. ?] 2.ed.
Mexico, Seci-etaria de Fomento, 1896. 87 p.
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52
Constitutional Law ,
and Castillo." Both wrote brief, monographs, useful as manuals of pro-
cedural instructions and forms. The work by Ruiz went \into a second
edition. \ . . 1
The monumental treatise by Silvestre Moreno Cora," a former Justice
of the Mexican Supreme Court, is an exhaustive work in this field and may
be considered an excellent basic reference source. The author deals in
great detail with the origin and historical evolution of the amparo suit,
and his discussion is based generally on the provisions of the 1857 charter
and the Federal Code of Civil Procedure of 1897 in which amparo pro-
cedure at that time was also incorporated. He traces the effect of subse-
quent amendatory legislation on both bodies of law up to 1900. A careful
compilation of amparo decisions heard by the Federal court between 1868
and 1902 is one of the salient points of this work. An appendix is inserted
which gives the full texts of the legislation in point and includes a chrono-
logical list of the final judgments of the court on which he had commented
in the main part of his treatise.
A joint work by Isidro Rojas and Francisco Garcia 37 made its appear-
ance on the eve of a basic reform in amparo legislation, which brought
forth the 1908 Federal Code of Civil Procedure. The authors seek td
acquaint the public with the history and development of the amparo suit,
and they painstakingly devote individual chapters to each fundamental
change. The authors incorporate some of their own recommendations for
needed modification and also quote extensively from other Mexican author-
ities on this matter. A basic work on the amparo by Francisco Cortes "
was written in simple terms for the layman.
A doctoral thesis in French, dealing with the Mexican amparo," showed
that there was foreign interest in this unique Mexican institution. The
second edition of a 1906 work by Emilio Rabasa 4? appeared two years
35 Castillo, Juan. Teoria del recurso de amparo. Mexico, Tip. El Fenix, 1901. 92 p.
38 Moreno Cora, Silvestre. Tratado del juicio del amparo, conforme a las sentencias de los
tribunales federates. Mexico, Tip. La Europea, 1902. 848 p.
37 Rojas, Isidro, and Francisco Pascual Garcia. El amparo y sus ref drmas . . . Mexico, Tip.
de la Cia. Edit. Cato:Rica, 1907. 242 p.
38 Cortes, Francisco. El juicio de amparo al alcance de todos. Mexico, Impr. de la Secretor/a
de Fomento, 1907. 274 P.
38 Bermtidez, Fernand. La Procedure d'amParo con Ire les actes et les lois contraires d /a
Constitution du Mexique. Paris, A. Pedone, 1914. 110 p.
40 Rabasa, Emilio. El juicio constitucional. Origenes, teoria y extension. Parts-Mexico, Vda.
de Ch. Bouret, 1919. 348 p. [2.ed. infra]
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Writ of Amparo, Judicial Review, dr Protection of Individual Rights 53
after the adoption of the 1917 Constitution but was still based on the pre-
ceding charter of 1857 and on earlier statutory law than that in force in
1919. The work bears a preface dated in New York and contrasts the
Mexican practice with both the common law writs in use in the United
States and those used in Brazil. Another work by this same jurist deals
with the protection of rights by referral to article 14, the due process
clause.41 Posthumous reprintings of both of his works appeared in 1955
and were designated as second editions [bound together].
A magistrate of a district court, Ricardo Couto,42 made a valuable con-
tribution to this literature with his study in depth of the injunction
aspects of amparo writs. The work is preceded by a lengthy opinion con-
cerning the author's work by one of the leading attorneys of Mexico,
Jorge Vera Estafiol, and followed by an appendix containing a topical
arrangement of jurisprudencia, constituted by final judgments in the Fed-
eral courts. A second edition, with a title that varies from the first,
appeared many years later and was based on current legislation and case
law.
The fixed precedent known as jurisprudencia, constituted under the
rules in the amparo law, was discussed by Narciso Bassols,43 with regard
specifically to the procedural aspects of abandonment or dismissal of
amparo actions. In 19M Rodolfo Reyes," former Mexican statesman and
law professor residing in Spain, published a comparative survey on the
amparo suit. He discussed the Court of Constitutional Guarantees in Spain
and the Spanish antecedents to the Mexican amparo and included brief
comments on comparison and contrast with similar institutions of England,
Cuba, and other nations. A convenient little guidebook or manual on
amparo procedure was edited by Aurelio de Le6n 45 for use of the general
El articulo 14, estudio constitutional. Mexico, El Progreso Latino, 1906. 217 p.
[2.ed. in Ira]
. El articulo 14 . . . y el juitio constitutional, origenes, teoria y extensidn. Mexico,
Edit. Porrtla, 1955. 353 P-
42 Couto, Ricardo. La susPensiOn del acto reclamado en el amparo . . . Mexico, Casa Unida
de Publicaciones, 1929. 171 p.; 2.ed. Edit. Pctrrda, 1957. 304 p. [Title varies: Tratado te6rico-
prdctico de la suspension . .
43 13assols, Narciso. Improcedencia y sobreseimiento en el amParo, segrin los fallos de ;a
Suprema Corte. Jurisprudencia comPilada or . . Mexico, Edit. Cultura, 1930. 185 p.
44 Reyes, Rodolfo. La Defensa Constitutional. Madrid, Espasa-Calpe, S.A., 1934. 399 p.
45 Leon, Aurelio de. Manual de amparo (Cl amparo at alcance de todos) . . . Mexico, D.F.,
Esquivel, 1934. 122 p. (APendice . . . 1934)
-. Manual y Ley de Amparo. Mexico, Ediciones Rotas, 1940. 328 p.
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54 Constitutional Law
lay public. Written in a question-and-answer format, it also included forms
and related data. Another useful work based on the Law of Amparo was
issued in 1936 by Eduardo Paflares" in a quizbook style similar to that
employed in his other legal works. He also included the legal texts, forms,
and a subject index to the contents of the manual.. He had earlier published
an annotated version of the 1919 statute on the amparo as regulatory of
the corresponding provisions in the 1917 Constitution.
In 1932, Agustin Farrera,47 through his own editorial firm, issued a small
work on the amparo suit, written in the exegetic style in which the majority
of the publications in various fields by this firm customarily appeared.
However, this pocket-sized item appears to have much more substance in
the form of notes consisting of excerpts from legal history and antecedent
texts. It has been issued in three unnumbered editions, although a similar
treatment of the law in a 1929 48 work may conceivably be considered the
first of four editions.
The procedure for the defense of the rights which the Constitution has
granted to the individual was the subject of .an authoritative work by a
former Secretary of Foreign Relations and diplomat, Antonio Carrillo
Flores." His work is possibly more pertinent to the literature on adminis-
trative justice, but he also discusses therein the use of the amparo as a
protection against invasion of rights of persons by governmental author-
ities. In 1940, Gaspar Trig-o5? published a monographic work on the
aspect of suspension or injunction ordered in an amparo suit, a subject of
controversy over the years as to the permanency of the relief granted
against repetition of the act. In the present work, the author limits his
discussion to its use in labor conflicts, which are heard as appeals channeled
from the boards of conciliation and arbitration to, the Federal courts. A
49 Pallares, Eduardo. Prontuario critic? de la nueva Ley de Amaro . . . Mexico, Ponta e
Hijos, 1936. 212 P.
Ley de AmParo (comentado). Mexico, 1921. 175 p.
47 Farrera, Agustin. El juicio de amparo . . . Puebla, Publicaciones Farrera, 1932. 166
1936. 118 p.; 1947. 107, 62 p.; 1949. 107, 64 p.
ss . La Ley de Amparo con notas y explicaciones. Puebla, Esc. Salesianas, 1929.
49 Carrillo Flores, Antonio. La delensa juridica de los particulares frente a la administracion
en Mexico. Mexico, Pornia Hnos., 1939. 320 p.
50 Trigo, Gaspar. La susPensidn en los juicios de amParo en materia obrera. Mexico, Edicio-
nes Botas, 1940. 178 p.
P-;
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Writ of Amparo, Judicial Review, & Protection of Individual Rights 55
general work by Romeo Leon Orantes 51 treating matters of procedure
with respect to the writ of amparo was submitted, in the form of an essay,
in a contest sponsored by the First Mexican Congress on Social Sciences
and was awarded a prize. Revised editions appeared in? 1951 and 1957,
with additional materials in each instance.
Reprints of two scholarly articles from the pen of the notable Mexican
jurist German Fernandez del Castillo received wide distribution in pam-
phlet form. Of particular interest to the author's colleagues were his
discussions of controversial points concerning the rights of third persons
who might suffer from a decision in an amparo case 52 and the abuse or
extralimitation of amparo judgments.53 An analysis of the effect of amparo
decisions on tax legislation when amparo is used to protect an individual
against illegal or unjustifiable acts of tax authorities, or of application of
specific revenue legislation claimed to be damaging to his civil rights, was
published by Servando Garza 54 in 1949. In the same year, Alfredo Pell&
Rivero1155 published a work reflecting his particular interest in pro-
cedural aspects concerning the injunctive effects on the offending act which
was the subject of the complaint.
One of the most widely known authorities of Mexico on amparo and on
constitutional protection of individual rights is Ignacio Burgoa, professor
of law at the National University. His doctoral dissertation 56 of 1939 was
already evidence of his special interest in judicial review. He followed
this with one of his most popular treatises, on the general and special
aspects of the writ of amparo,57 six editions of which had been published
by 1968. The third edition of 1950 included an additional 157 pages
covering amendments to the constitutional and statutory provisions on
51 Ledn Orantes, Romeo. . . . El juicio de amParo. Mexico, Tall. Tip. Modelo, 1941. 202 P.;
2.ed. 1951; 3.ed. J. M. Cajica, 1957. 436 p.
52 Fernandez del Castillo, German. Los efectos restitutorios del amparo con relacieon a ter-
cero. Mexico, Jus, 1942. 21 p.
-. La sentencia de amParo y sus extralimitaciones. Mexico, jus, 1944. 16 p.
54 Garza, Servando J. Las garantias constitucionales en el derecho tributario mexicano. Mexico,
Edit. Cultura, 1949. 206 p.
55 Pent% Riveroll, Alfredo F. La suspension del acto reclamado en el juicio de amparo y su
naturaleza juridico-procesal. [Mexico] 1949. 115 1.
55 Burgoa, Ignacio. La suPremacia juridica del Poder judicial de la federacion en Mexico.
Mexico, 1939. 96 p. (Thesis)
El juicio de amParo. Mexico, Edit. Minerva, 1943. 677 p.; 2.ed. 1946. 897 p.; 3.ed.
se_v, 1950_ 944 p.; 4 ed. 1957. 756p.; 5.ed. 19626 .ed. 1968.892 p.
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Constitutional Law
the amparo institution. Equally popular is another textbook 58 dealing
specifically with protection of rights guaranteed to the individual in the
first 29 articles of the Constitution, comparing these with similar and dis-
similar institutions in foreign countries. The sixth edition of this work
was published in 1970. Both texts are universally used in the universities
and law schools of Mexico and are equally useful to the researcher in this
field. In 1945, Burgoa issued another item dealing with a very special
feature of the amparo?its use, or rather its ineffectiveness, in relation to
emercrency legislation.58 Generally, this vested extraordinary powers in the
)reutive and provisionally suspended the civil rights as incorporated in
tlie-Constitution._ Varying his choice of aspects, in 1958 Burgoa wrote aboui
the need for reforms in the constitutional and statutory provisions on the
amparo and about judicial organization." A more recent work " from
this prolific author is an analytical discussion of the use of amparo in
matters of land and agrarian reform, involving expropriation of property
and subdivision of large estates. This field originally had been made a
special exception in legislation.
A fair number of scholarly contributions to literature on the amparo
appeared in the 1950's. The majority of the authors limited their coverage
to some single or special aspect, generally referring to the procedural
angles which were subject to debate and change during that decade. In
1953, Juventino Castro 62 issued a volume of his collected legal essays
dealing with his views on rules for correction of, defective complaints of
amparo and available aid to supply omitted data, thus favoring the spirit
rather than the letter of the law. His work was sponsored by the National
Association of Court Officials. A formbook for consultation on actions and
appeals in amparo cases came from the pen of Romulo Rosales." A much
58 Las Garantias Individuates. Mexico, Ediciones Botas, 1944. 457 p.; 2.ed. 1954.
529 p.; 3.ed. 1961; 4.ed. 1965. 598 p.; 5.ed. 1968. 646 p.: 6.ed. 1970. 670 p. [printer varies]
59 . La legislacidn de emergencia y el juicio de amParo . . . [Mexico] Edit. Hispano-
Mexicana, 1945. 103 p.
60 Ref ormas a la ordenacidn Positiva vigente del amparo; proyecto de modificaciones
a la ConstituciOn Federal, a la Ley de Amparo y a la Ley Orgdnica del Poder Judicial de la
Federacidn. Mexico, 1958. 231 p.
El amparo en materia agraria. Mexico, Edit. Ponta, 1964. 246 p.
62 Castro, Juventino V. La suplencia de la queja deficiente en el juicio de amParo. Mexico,
Edit. Jus, 1953. 148 p. (Asociacion Nacional de Funcionarios Judiciales. Publicacion no. 4)
63 Rosales Aguilar, Romulo. Formulario del juicio de amParo. Mexico, Ediciones Botas, 1956.
375 p.
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Writ of Amparo, Judicial Review, dr Protection of Individual Rights 57
briefer work was published contemporaneously by Sergio Turrubiate.s,"
but he limited his coverage specifically to the suspension or injunctive
effect of amparo judgment on the offending act or law. Javier Barrera -
Reyes 66 was more interested in the effect and solution in cases of dis-
obedience to or frustration of court decrees in final amparo judgments:
The procedural analysis of nonsuits and dismissal of actions in amparo
suits was the topic selected by Alfredo Borboa Reyes." Carlos Krieger
Vazquez 67 also chose a procedural topic?the matter of injunctive orders
in amparo suits with respect to the effect of protective final judgments on
the offending authorities. The available appeals under ordinary civil pro-
cedure actions, including the appellate procedures in amparo suits, are
discussed in an item by Willebaldo Bazarte Cerdan." Ignacio Soto Gordoa
and Gilberto Lievana Palma 69 collaborated on a procedural work on the
stay and suspension ordered during amparo suits and effects of injunctive
orders against offending authorities.
Foreign authors have also made fine analytical studies on the Mexican
amparo. Linares Quintana," an Argentine jurist and an eminent consti-
tutionalist in his own country, compared the Mexican institution with
similar but much more limited practices in his own and other jurisdictions.
He described particularly the Brazilian writ of security, also a unique
development for protection of constitutional rights. This Argentine author-
ity was a member of a seminar organized by the United Nations in co-
operation with the Mexican Government to discuss constitutional remedies
64 Turrubiates Nery, Sergio. La suspension del acto reclatnado en el juicio de amparo.
Mexico, 1957. 48 p.
65 Barrera Reyes, Javier. El incumPlimiento de las sentencias de amparo. Mexico, 1957- 108 1-
66 Borboa Reyes, Alfredo. El sobreseimiento en el juicio de amparo por inactivida. d pro-
cesal. Mexico [Edit. "Velux"] 1957. 212 p.
67 Krieger Vazquez, Carlos. La accidn, sentencia y susPensidn en el juicio de amparo. Mexico,
1958. 102 p.
68 Bazarte Cerdan, Willebaldo. Los recursbs en el Cddigo de Procedimientos Civiles Para el
Distrito Federal y Territorios. Mexico, Ediciones Botas, 1958. 132 p.
69 Soto Gordoa, Ignacio, and Gilberto Lieyana Palma. La suspension del ado reclamado en
el juicio de amparo. Mexico, Edit. Porrua, 1959. 170 p.
70 Linares Quintana, Segundo V. Action de amparo; estudio comparado con el juicio ) de
amparo de Mexico y el mandato de seguridad de Brasil. Texto completo de las sentencta. s de
la Corte Suprema de Justicia de la Naci6n, la CcImara Nacional de Apelaciones del Trabajo
de /a Capital y la Suprema Corte de Justicia de la Provincia de Buenos Aires. Buenos Aires,
Edit. Bibliografica Argentina [1960] 167 p.
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58
CO73.041460=1 Law
protective of human rights?' The meeting was held in Mexico in 1961
and attended by delegates of 19 'Western Hemisphere nations including
Canada and the United States. The discussion between experts of Mexico
and other countries was most enlightening. One of the most complete
studies on the amparo is a doctoral dissertation written by Prof. Richard
Baker," who would seem to have exhausted all available published sources
in his research. He has been able to make his product especially valuable
by on-the-spot visits to the courts hearing such cases and personal inter-
views with the outstanding authorities and practitioners of Mexico on the
amparo. His study covers the history, legislation, case law, and commen-
taries and is an excellent source of material in English.
A briefer, more recent English work on the amparo 73 recommends adop-
don of the Mexican institution for a special use in California. This is a
paper prepared by attorney Manuel Ruiz for discussion at a Conference on
Redress of Citizen Grievances in California, sponsored by the Institute for
Local Self Government.
--Aiii5fed -le-gal author and professor of law in Mexico, Hector Fix
Zamudio,74 has published a comprehensive general treatise on the history
and use of amparo and includes therein an unusually complete bibliography,.
Dr. Fix also wrote his law school dissertation in the field of amparo law,
limiting his discussion to its use in the protection of civil rights. Active in
the teaching and research aspects of law, Dr. Fix has published a number
of comparative works in the field of constitutional law, all with copious
references to the Mexican amparo in this field. He translated into Spanish
an Italian work by Mauro Cappelletti on judicial control of constitutional
freedoms, as compared with those of Germany, Austria, and Switzerland.
71 Seminar on amparo, habeas corpus and other similar remedies. New York, United Nations,
1962. 114 p. [U.N. Doc. ST/TAO/HR/12]
72 Baker, Richard Don. The judicial control of constitutionality in Mexico: a study of the
juicio de amparo. Chapel Hill, N.C., 1962. 485 p. (Thesis) [Published in 1971 under the title
Judicial review in Mexico; a study of the amparo suit. Austin, Univ. of Texas Press. 304 p.]
73 Institute for Local Self Government. The Mexican "amparo" as a supplemental remedy
for the redress of citizen grievances in California. Berkeley, 1967. 32 p.
74 Fix Zamudio, Hector. El juicio de amparo. Presentacidn de Antonio Martinez Bdez.
Mexico, Edit. Porrila, 1964. 438 p.
. La garantia jurisdiccional de la constitucidn mexicana; ensayo de una estructuracidn
procesal del amparo. Mexico, 1955. 178 p. (Thesis)
STAT
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Writ of Amparo, Judicial Review, dr Protection of Individual Rights
In the same volume Dr. Fix included a study of his own " on the use of
the amparo action to accomplish this type of protection of human rights.
In another comparative work, Dr. Fix issued a collection of essays"
written by himself and two other authorities on the Brazilian writ of
security in which he compares this writ to the amparo in effect and applica-
tion by the Federal courts. The other studies are limited to the Brazilian
institution and were contributed by Alejandro Rios. Espanoza and an
eminent Spanish proceduralist, Niceto Alcala Zamora. The most recent
work from the pen of Dr. Fix is a broad survey 77 of the development over a
quarter century of the administration of justice with respect to constitu-
tional guarantees. He devotes chapters to the Western Hemisphere, Asia,
Africa, Europe, and Communist countries, ending with general statements
and conclusions.
A number of more recent monographic works appeared between 1966
and 1968, several of which were much above average in scholarly content
and merit special mention. A study was made by Carlos Arellano Garcia 78
on court congestion and delays in administration of justice caused by the
accumulation of amparo suits which, by law, could be heard only by the
Supreme Court. His work appeared only a year or so before steps were
taken to solve this problem through amendments to the Constitution and
its implementary amparo statute. A very comprehensive treatise covering
both theory and practice with relation to the amparo is the valuable con-
tribution of Humberto Brisefio Sierra." It is difficult to suggest any aspect
or point that is not covered in this treatise, since it deals with the history,
both constitutional and legislative, of this institution, as well as theory,
practice, comparison and contrast with similar institutions, and procedural
matters from complaint through execution of judgment. It also contains
a fine index and a good bibliography of national and foreign authors and
78 Estudio sobre la jurisdiccidn constitucional mexicana. Mexico, Impr. Universitaria,
1961. [Bound with: Cappelletti, Mauro. La jurisdiccidn constituckmal de la libertael, con refe-
rencia a los ordenamientos alemdn, suizo y austriaco]
78 Tres estudios sobre el mandato de seguridad brasilefio . . Mexico, Univ. Nacional
Autonoma de Mexico, 1963. 126 p.
77 . Veinticinco afios de evolucidn de la justicia amstitucional, 1910-1965. Mexico,
UNAM Instituto de Investigaciones Juriclicas, 1968. 183 p.
78 Arellano Garcia, Carlos. El rezago en el amParo. Mexico, 1966. 177 p.
78 Briseno Sierra, Humberto. Teoria y ticnica del amParo. Puebla, Mexico, Edit. Cajica
[1966] 2 v.
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60
Constitutional Law
sources. Extensive citations and excerpts from literature, case digests, and
personal opinions and comments are all incorporated and \ enhance the
value of this work. Dr. Brisefio also briefly discusses the amparo within
broader contexts of civil rights in general, the declaration of unconstitu-
tionality of law, and the cassation effects of amparo judgments: A com-
memorative work 80 by this same author on the occasion of the 50th anni-
versary of the 1917 Constitution concerns due process of law and protection
of individual rights in criminal cases.
The fundamental principles of the application, interpretation, and use
of amparo form the basis of a lecture course supervised by Prof. Octavio
Hernandez.8' He increased the value of his work for both the student and
researcher by including numerous aids in the form of charts, schedules,
definitions, case law citations, bibliographical notes, and subject indexing.
Eduardo Pallares 82 has designated his particular contribution to the litera-
ture on .amparo as a dictionary, but in reality it is more encyclopedic in
nature, dealing with theory, law, and practice under an alphabetical topic
arrangement. Some definitions quote extensively from the pertinent legal
provisions and others contain judicial definitions. Binding precedent or
jurisprudencia as established by the highest court with respect to the
amparo is included in digest form at the end of this work.
Alfonso Noriega 83 devoted his monographic contribution to the under-
lying philosophy and the history of rights of man and also discusses the
nature of protection afforded such rights under the constitutional pro-
visions of his country. The work was intended to commemorate the 50th
anniversary of the adoption of the Constitution of 1917.
Two examples of the growing concern of Mexican lawyers for the need
of reform in the amparo legislation, to make it conform to rapidly changing
social conditions, were published in the form of lectures delivered at a
80 -. El articulo 16 de la constitucion mexicana. [Mexico] Univ. Nacional Autonoma
de Mexico, Coordinacion de Humanidades [1967] 101 p.
81 Hernandez, Octavio A. Curso de amparo; instituciones fundamentales. Mexico, Ediciones
Botas, 1966. 528 p.
82 Pallares, Eduardo. Diccionario teorico y Prtictico del juicio de amparo. Mexico, Edit.
Porrim, 1967. 274 p.; 2.ed. 1970. 321 p.
- - -sa-Noriega- C.,- Alfonso-La- naturaleza-de-las---garantlas- #.n la Constitucion de
1917. [Mexico] UNAM Coordinacion de Humanidades [1967] 119 p.
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Writ of Amparo, Judicial Review, dr Protection of Individual Rights
_:special bar association meeting devoted to urging such reform. Pedro
Zorrilla Martinez " devoted his paper to the legal technicalities to obtain\
? harmony with social reality, while Luis Capin Martinez 85 directed his
observations to specific reforms and their terminology.
84 Zorrilla Martinez, Pedro G. La tdcnica juridica y la realidad social como factores condi-
cionantes de las ref ormas a la legislacidn de ainkiro. Mexico, Libr. de M. Porrtia [1968?] 31 p.
85 Capin Martinez, Luis. Reforma a la Ley de AmParo [cOnferencia] Mexico, Libr. de
M. Porrtia [1968] 28 p.
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