Rights
Constitutional Chamber review and entrenched articles
The 1982 Constitution is enforced through the Sala de lo Constitucional of the Corte Suprema, which hears amparo, habeas corpus and unconstitutionality claims. A set of articles is declared unamendable, and their status was central to the 2009 constitutional crisis and the later ZEDE litigation.
Key rules
- Amparo lies against acts of authority violating constitutional rights, and against threatened violations.
- Habeas corpus may be filed by anyone on behalf of a detainee, without formality.
- Articles 374 and related provisions entrench the form of government and presidential term rules.
- The Sala de lo Constitucional may declare a statute inapplicable or void with general effect.
- Honduras is subject to Inter-American Court jurisdiction, which has issued multiple judgments on judicial independence.
Governing law
- Constitución de la República de Honduras (Arts 183-185, 374)Rights, remedies and entrenched clauses.
- Ley sobre Justicia Constitucional (Decreto 244-2003)Amparo and habeas corpus procedure.
In practice
Amparo must generally be filed within 30 days of the act. The 2022 repeal of the ZEDE statute generated ongoing constitutional and investor-treaty disputes, so any advice touching the zones should verify the current litigation position.