Apuntes para un estudio comparado de la garantía constitucional del amparo en España y en Bolivia

Authors

  • Ángela Figueruelo Burrieza

Keywords:

Constitution, Recurso de Amparo, Fundamental Rights, Constitutional Guarantees, Constitutional Supremacy, Constitutional Court, Democratic System, Subsidiarity, Judicial Activism

Abstract

Current European and Latin American Constitutions recognize a wide range of rights and fundamental freedoms. This proves the engagement of the State when it comes to not making use of public powers to abolish or restrict the field of personal freedom. The scope of the current essay is to analyze the figure of the «recurso de amparo» (appeal brought on the ground of violations of rights and liberties) in Spain and Bolivia, as the last stage of the constitutional guarantees in order to achieve an effective protection of fundamental rights. The comparative study tries to situate and analyze the institution in the framework of each one of the different systems of Constitutional justice (concentrated, diffuse or mixed) established in the different Constitutions. Even though in both cases the Constitutional Court is legally qualified to hear the analyzed institution, Spain and Bolivia have two very different models when it comes to guaranteeing Constitutional Supremacy. 

Issue

Section

STUDIES