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Tiede, Lydia Brashear; Achury, Susan --- "Challenging authorities' (in)action via amparos" [2019] ELECD 2328; in Sterett, M. Susan; Walker, D. Lee (eds), "Research Handbook on Law and Courts" (Edward Elgar Publishing, 2019) 130

Book Title: Research Handbook on Law and Courts

Editor(s): Sterett, M. Susan; Walker, D. Lee

Publisher: Edward Elgar Publishing

Section: Chapter 9

Section Title: Challenging authorities’ (in)action via amparos

Author(s): Tiede, Lydia Brashear; Achury, Susan

Number of pages: 15

Abstract/Description:

Amparos are a unique legal remedy. They allow complainants to seek redress when they have been wronged by government actions or by the refusal of the government to do its legal duty. Although amparos may provide litigants with a quick judicial remedy without having to pursue a lengthy court case, they also may generate heavy caseloads, which may stymie a quick response from the courts and subvert the original purposes of this remedy. In this chapter, the first part will define in lay terms the action of amparo, their main features, and the history of this legal remedy. In the second section of the chapter, the variations in amparo worldwide are described. The final section will discuss the impact of amparo actions on limiting government power and shaping policy.