Antecedentes hispánicos del juicio de amparo y de la acción de tutela

Abstract

Both legal remedies are analyzed from the Hispanic antecedents. The point of departure is the study of the Aragon "higher justice" and its important process of "manifestation" as an antecedent of the Habeas Corpus. Then is analyzed the institution of indigenous general court in New Spain, at the same time that some amparo cases are cited. Finally, it is studied the legal remedies against government action in America, specifically those of Begging and Aggravation that constitute the antecedent of the provisional suspension of administrative acts and tutela actions. The article pretends to show the colonial origins of this later legal remedy, a currently important institution in constitutional law that was taken from Spain in 1991, but which truly origins are in the Indian law and not in the !XX century as it has been mistakenly argued.