Rights
A standalone Constitutional Court with amparo open to anyone
The 1985 Constitution created a Corte de Constitucionalidad sitting outside the ordinary judiciary. Amparo protects against any act, decision or omission of authority, and there is no closed list of protected rights: Article 265 states that amparo lies to prevent or remedy any threat to rights the Constitution or statute guarantees.
Key rules
- Amparo may be filed by anyone against any authority; there is no numerus clausus of protected rights.
- The Constitutional Court reviews the constitutionality of statutes in the abstract and hears amparo appeals.
- Ratified human-rights treaties prevail over ordinary domestic law under Article 46.
- Habeas corpus (exhibición personal) is separate from amparo and may be filed orally at any hour.
- Indigenous customary authority is recognised, and the Court has upheld community consultation duties for extractive projects.
Governing law
- Constitución Política de la República de Guatemala (Arts 46, 203, 265, 268)Rights, judicial independence and amparo.
- Ley de Amparo, Exhibición Personal y de Constitucionalidad (Decreto 1-86)Procedure for all constitutional remedies.
In practice
Amparo must generally be filed within 30 days of notification of the challenged act, after ordinary remedies are exhausted. Provisional suspension of the act is commonly requested and often decisive. ILO Convention 169 consultation arguments are a recurring and frequently successful ground.