EL JUICIO DE AMPARO EN LA HISTORIA CONSTITUCIONAL DE MÉXICO

Summary

The video script delves into the historical significance of the 'amparo' in Mexico, a legal institution pivotal for human rights protection since the 19th century. Originating from the Spanish colonial era, the 'amparo' evolved through various constitutional developments, notably in the 1824 Federal Constitution and the 1857 Constitution. Influential figures like Manuel Crescencio Rejón contributed to its establishment as a bulwark of liberty and justice. The script highlights the 'amparo' as a constitutional innovation, initially designed to protect fundamental rights against legislative and executive powers. Over time, it adapted to address broader rights, reflecting social, legal, and cultural changes. The 'amparo' remains a cornerstone of Mexico's legal system, with recent reforms in 2011 and 2013 reinforcing its role in safeguarding human rights and constitutional order.

Takeaways

• 🏛️ The amparo institution in Mexico is deeply rooted in the country's history, primarily associated with the defense of rights and guarantees outlined in the legal system.
• 📜 The concept of amparo dates back to the 19th century and has evolved to become a bulwark of freedom and justice, despite its origins in Spanish colonial law.
• 🛡️ The Mexican amparo is intimately linked to the protection of human rights and was consolidated as an institution throughout history to safeguard these rights.
• 📚 The first constitutional text of Mexico in 1824 did not have a dedicated section for rights but did include some protections such as equality, freedom of the press, and expression.
• 👥 The Supreme Court of Justice was given the power to oversee constitutional and legal infractions, although this provision was never practically applied due to the absence of a specific law.
• 📊 The 1836 Constitution introduced the Supreme Conservative Power to protect the constitutional order and achieve a balance of powers, with the ability to declare laws or executive acts unconstitutional.
• 📝 The Yucatan Constitution of 1841, influenced by European and North American constitutional thought, marked the first stage of the emergence of the original amparo lawsuit.
• 🤔 The influence of French doctrine and political thought, particularly from Tocqueville, is evident in the development of the amparo lawsuit and the judicial power.
• 📜 The Acta Constitutiva and Reforms of 1847, spearheaded by Mariano Otero, established the Supreme Court's competency to hear claims against acts of the executive and legislative powers that violated individual guarantees.
• 📋 The Constitution of 1857 is considered the third stage in the development of the amparo lawsuit, instituting it as a constitutional protection mechanism through legal action and jurisdictional bodies.
• 📘 The 1917 Constitution further refined the amparo lawsuit, emphasizing its role as a traditional institution for the protection of constitutional order and individual rights, with amendments reflecting the changing social, legal, and cultural contexts.