¨The rights are only worth the value of their guarantees.¨ – H.G HART. The concept of Law, Oxford 1975, Pg. 176.
The litigation in the Constitutional Courts involves violations of rights and guarantees contained in the Constitution of 1972 which is made up of 328 Articles divided into 15 Titles. The Fundamental Guarantees are commonly the areas of litigation. These are the individual rights: the right to freedom from unlawful detentions, the prohibition against discrimination by race, birth, discapacity, social class, sex, religion or political ideology, the right to not declare against one self interest, the right to privacy of domicile and communications, the right to due process of law, the right to free speech and the right to association. There are three principal right of actions one individual can utilize to protect his/her Constitutional Guarantees: an action of Unconstitutionality, a Habeas Corpus and an Amparo of Constitutional Guarantees.
Any interested party can raise an action to question the constitutionality of any law, cabinet decree, law decree, decree, agreements, resolutions and any other acts emanating from any public authority. This action is adjudicated by all 9 Magistrates of the Supreme Court.
A Habeas Corpus can be brought by a person who has been subject to an unlawful detention by any authority, public servant or governmental public corporations to attack the detention or prison seeking to be placed in liberty.
Any act that breaches any of the abovementioned rights is subject to an Amparo of Constitutional Guarantees. This action can be filed against any judicial resolution emanating from a public serva
