A medio siglo de la creación de la acción de amparo en la República Argentina.

Abstract

This study describes and analyses the doctrine that the country’s supreme court of justice laid down half a century ago in the leading cases, «Siri, Angel» (27/12/1957) and «Kot, Samuel» (5/9/1958), creating amparo appeal protection in the Argentinian federal legal system. The Siri ruling is seen as the initial development of amparo appeal protection against an act of public authority, whilst the Kot ruling established a comprehensive definition of the amparo appeal system and the grounds for it, extending it to acts by individuals. The doctrine of both rulings constituted the source of later jurisprudence, the regulatory law (16,986, in 1966) and the incorporation of amparo under the national constitution in 1994. The supreme court took the approach that protection should be given: a) against any act or ommision by a public or individual authority; b) that in an immediate or imminent manner; c) injures, restricts, alters or threatens; d) with clear, manifest illegitimacy or arbitrariness; e) constitutional rights; f) provided there are no ordinary, administrative or judicial procedures that could remedy the situation.