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008 220426t20211971txu fo d z eng d
020 _a9781477305669
_qPDF
024 7 _a10.7560/701052
_2doi
035 _a(DE-B1597)9781477305669
035 _a(DE-B1597)588114
035 _a(OCoLC)1286806806
040 _aDE-B1597
_beng
_cDE-B1597
_erda
050 4 _aKGF2730
_b.B35 2015
072 7 _aPOL000000
_2bisacsh
084 _aonline - DeGruyter
100 1 _aBaker, Richard D.
_eautore
245 1 0 _aJudicial Review in Mexico :
_bA Study of the Amparo Suit /
_cRichard D. Baker.
264 1 _aAustin :
_bUniversity of Texas Press,
_c[2021]
264 4 _c©1971
300 _a1 online resource (318 p.)
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
490 0 _aLLILAS Latin American Monograph Series
505 0 0 _tFrontmatter --
_tContents --
_tPreface --
_t1. The Origins of Constitutional Defense in Mexico --
_t2. The Organization of Amp at o under the Constitution of 1917 --
_t3. The Constitutional Foundations of Mexican Judicial Review: Auxiliary Constitutional Defenses --
_t4. The Constitutional Foundations of Mexican Judicial Review: The Amparo Articles --
_t5. The Constitutional Scope and Limits of Amparo --
_t6. Amparo against Laws --
_t7. Amparo as Cassation --
_t8. Procedure in Amparo --
_t9. Jurisprudencia --
_t10. Summary and Conclusions --
_tBibliography --
_tIndex
506 0 _arestricted access
_uhttp://purl.org/coar/access_right/c_16ec
_fonline access with authorization
_2star
520 _aThe 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.
538 _aMode of access: Internet via World Wide Web.
546 _aIn English.
588 0 _aDescription based on online resource; title from PDF title page (publisher's Web site, viewed 26. Apr 2022)
650 0 _aAmparo (Writ)
_zMexico.
650 0 _aAmparo (Writ)--Mexico.
650 7 _aPOLITICAL SCIENCE / General.
_2bisacsh
850 _aIT-RoAPU
856 4 0 _uhttps://doi.org/10.7560/701052
856 4 0 _uhttps://www.degruyter.com/isbn/9781477305669
856 4 2 _3Cover
_uhttps://www.degruyter.com/document/cover/isbn/9781477305669/original
942 _cEB
999 _c218374
_d218374