Glossary entry (derived from question below)
Spanish term or phrase:
amparo en revisión
English translation:
action/petition for constitutional relief
- The asker opted for community grading. The question was closed on 2017-03-06 13:54:07 based on peer agreement (or, if there were too few peer comments, asker preference.)
Mar 2, 2017 22:59
7 yrs ago
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Spanish term
amparo en revisión
Spanish to English
Law/Patents
Real Estate
Agricultural land conflict
Sentence of the Mexican Supreme Court of Justice in that very Mexican "amparo en revisión".
Sorry for adding yet another question to the existing endless list of queries on that famous "amparo", but I haven't found any satisfactory answer so far.
I noticed that sometimes it is kept as such (it may well be the best option), or sometimes translated as "amparo in review", "amparo under review" (both sound pretty terrible to me), or even "action of protection under review" (in which case "protection" would be preferred to "amparo", which is not in my view the best choice).
As it appears in the heading in particular, I can't use a two-meter long periphrasis ending with "on the grounds of unconstitutionality", nor can I add footnotes or the like.
Does anyone have an idea? Thanks a lot in advance :)
Sorry for adding yet another question to the existing endless list of queries on that famous "amparo", but I haven't found any satisfactory answer so far.
I noticed that sometimes it is kept as such (it may well be the best option), or sometimes translated as "amparo in review", "amparo under review" (both sound pretty terrible to me), or even "action of protection under review" (in which case "protection" would be preferred to "amparo", which is not in my view the best choice).
As it appears in the heading in particular, I can't use a two-meter long periphrasis ending with "on the grounds of unconstitutionality", nor can I add footnotes or the like.
Does anyone have an idea? Thanks a lot in advance :)
Proposed translations
(English)
References
| A definition is a good start |
AllegroTrans
|
Proposed translations
+1
1 hr
Seth Phillips
United States
United States
Native in English
Specializes in field
United States
M.S. Leg/Fin Translator - 12 yrs - MemoQ
Native in: English (Variants: British, UK, US) 
Works in: Spanish to English, Portuguese to English, French to English, and 2 more.
Related KudoZ points
:
12
Selected
action/petition for constitutional relief
It would depending on the surrounding text, but but I'm assume "en revisión" was before the amparo hearing. The complete notion used is "action for constitutional relief under a writ of amparo". I don't think "under review" is necessary to add.
For the record, Sentence refers to "condena (penal)" in criminal procedure rather than "Sentencia," which would be termed Judgment/Ruling/etc. in English on civil matters
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Note added at 1 hr (2017-03-03 00:54:18 GMT)
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Per Allegro's comment, "Petition for Amparo" can work ;)
As a side note, the concept of an amparo proceeding originated from Mexico and was invented by Mexico's first government leader Benito Juarez. It's been adopted by other Latin American countries. Some jurisdictions in Central American still use "Amparo" and in Colombia the term is "(Recurso de) Tutela" (not 100% the same as a Mexican Amparo, but both relate to constitutional relief).
Here's an explanation of the "Amparo" by Thomas West:
"An appeal for relief under the Constitution in a case of violation of civil rights. This is a constitutional remedy aimed at preserving the rights and freedoms established by the Federal Constitution from legislative acts, acts of authority and court decisions, as well as preserving local and federal sovereignty in interstate and federal-state disputes. Note that the term in left in Spanish. Similar actions exist through Am Lat and are also referred to as “amparo,” except in Col (acción de tutulea) and Chi (recurso de protección). Argentine amparo is a judicially created remedy, whereas Mexican amparo is a constitutionally created remedy. Unlike Mexican amparo, Argentine amparo cannot be used as a substitute for habeas corpus or appeal, and whereas Mexican amparo can be used only to challenge state action, Argentine amparo will lie against actions of private groups such as unions. For a completely unrelated meaning of “amparo,” see the Chi term “querella de amparo.”
For the record, Sentence refers to "condena (penal)" in criminal procedure rather than "Sentencia," which would be termed Judgment/Ruling/etc. in English on civil matters
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Note added at 1 hr (2017-03-03 00:54:18 GMT)
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Per Allegro's comment, "Petition for Amparo" can work ;)
As a side note, the concept of an amparo proceeding originated from Mexico and was invented by Mexico's first government leader Benito Juarez. It's been adopted by other Latin American countries. Some jurisdictions in Central American still use "Amparo" and in Colombia the term is "(Recurso de) Tutela" (not 100% the same as a Mexican Amparo, but both relate to constitutional relief).
Here's an explanation of the "Amparo" by Thomas West:
"An appeal for relief under the Constitution in a case of violation of civil rights. This is a constitutional remedy aimed at preserving the rights and freedoms established by the Federal Constitution from legislative acts, acts of authority and court decisions, as well as preserving local and federal sovereignty in interstate and federal-state disputes. Note that the term in left in Spanish. Similar actions exist through Am Lat and are also referred to as “amparo,” except in Col (acción de tutulea) and Chi (recurso de protección). Argentine amparo is a judicially created remedy, whereas Mexican amparo is a constitutionally created remedy. Unlike Mexican amparo, Argentine amparo cannot be used as a substitute for habeas corpus or appeal, and whereas Mexican amparo can be used only to challenge state action, Argentine amparo will lie against actions of private groups such as unions. For a completely unrelated meaning of “amparo,” see the Chi term “querella de amparo.”
Note from asker:
| This seems to correspond with "juicio de amparo", but here "amparo en revisión" refers to an appeal filed against the ruling rendered on the first "writ of amparo" |
Peer comment(s):
| agree |
AllegroTrans
: However, I would still use the Spanish term and put this in square brackets as "explanation" as opposed to translation
18 mins
|
4 KudoZ points awarded for this answer.
Comment: "Thank you so much for this valuable and helpful insight, and many thanks as well for pointing out that loan translation from "sentencia". "
17 mins
David Hollywood
Native in English
worked for int. orgs (IMF, OAS, IDB)
Native in: English
Works in: Spanish to English, German to English
Related KudoZ points
:
79
extraordinary relief procedure
The writ of amparo is perhaps the most important procedural mechanism in the Mexican legal system. 1 Amparo is an extraordinary recourse in the Mexican justice system, with no equivalent in the common law tradition.
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Note added at 19 mins (2017-03-02 23:18:51 GMT)
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check thisa ref out and might shed some light on what seems to be a real tough cookie:
https://litigation-essentials.lexisnexis.com/webcd/app?actio...
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Note added at 20 mins (2017-03-02 23:20:44 GMT)
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"relief" is fine but let's see what others have to say about the rest...
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Note added at 19 mins (2017-03-02 23:18:51 GMT)
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check thisa ref out and might shed some light on what seems to be a real tough cookie:
https://litigation-essentials.lexisnexis.com/webcd/app?actio...
--------------------------------------------------
Note added at 20 mins (2017-03-02 23:20:44 GMT)
--------------------------------------------------
"relief" is fine but let's see what others have to say about the rest...
Peer comment(s):
| neutral |
AllegroTrans
: whilst this is indeed "extraordinary relief" it is based on constitutional principles/rights and I think this meeds to be in any translation of the term; there are other "extraordinary recourses"
1 hr
|
-1
1 hr
Rainer Zawadzki
United States
United States
Native in Spanish
&
English
United States
Chemical sciences/engineering
Native in: Spanish (Variant: Mexican) 
, English (Variant: US)
Works in: Spanish to English, English to Spanish, German to English, and 1 more.
injunction (request) under revision
see a blog: www.internationallawobserver.eu.2013/05/22.the story-of-amparo-laws-in-mexico
+1
1 hr
Robert Carter
Mexico
Mexico
Native in English
Mexico
Translating full-time since 1998
Native in: English (Variant: British)
Works in: Spanish to English
Related KudoZ points
:
91
[constitutional] relief proceedings under review / writ of amparo under review
"Amparo" is a shortening of the term "juicio de amparo" or "demanda de amparo".
The Mexican Supreme Court, in its compendium of decisions translated into English entitled "Relevant Decisions of the Mexican Supreme Court" has translated it as "relief proceedings under review", which is fine. I'm a little dubious about some of the translations in that book, but then again the Supreme Courts' rulings are notoriously difficult to understand, let alone translate. If you really want to make it self-explanatory, use "constitutional relief proceedings under review".
My own preference follows the received wisdom of US-Mexican legal scholars who refer to the "juicio de amparo" as "writ of amparo".
The "en revision" part must be translated as it relates to the "recurso de revisión" (motion for review) heard by the Supreme Court of Justice against judgments made under the writ of amparo, and it's distinct from the "writ of amparo" per se.
Most of my (superficial) knowledge of this comes from Javier F. Becerra's excellent Dictionary of Mexican Legal Terms, published by the Escuela Libre de Derecho in Mexico City, and from having had the misfortune to translate a fair number of these decisions.
Here's an example, taken from the Ley de Amparo, of how the "en revisión" part relates to the rest of it.
Artículo 73.- El juicio de amparo es improcedente:
I.- Contra actos de la Suprema Corte de Justicia;
II.- Contra resoluciones dictadas en los juicios de amparo o en ejecución de las mismas;
III.- Contra leyes o actos que sean materia de otro juicio de amparo que se encuentre pendiente de resolución, ya sea en primera o única instancia, o en revisión, promovido por el mismo quejoso, contra las mismas autoridades y por el propio acto reclamado, aunque las violaciones constitucionales sean diversas;
http://www.diputados.gob.mx/LeyesBiblio/abro/lamp/LAmp_abro....
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Note added at 1 hr (2017-03-03 00:56:03 GMT)
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And yes, AllegroTrans is right, a good idea for jurisdictions where the "amparo" may be an unfamiliar term (i.e., beyond the US or Canada) would be to make a footnote explaining it.
The Mexican Supreme Court, in its compendium of decisions translated into English entitled "Relevant Decisions of the Mexican Supreme Court" has translated it as "relief proceedings under review", which is fine. I'm a little dubious about some of the translations in that book, but then again the Supreme Courts' rulings are notoriously difficult to understand, let alone translate. If you really want to make it self-explanatory, use "constitutional relief proceedings under review".
My own preference follows the received wisdom of US-Mexican legal scholars who refer to the "juicio de amparo" as "writ of amparo".
The "en revision" part must be translated as it relates to the "recurso de revisión" (motion for review) heard by the Supreme Court of Justice against judgments made under the writ of amparo, and it's distinct from the "writ of amparo" per se.
Most of my (superficial) knowledge of this comes from Javier F. Becerra's excellent Dictionary of Mexican Legal Terms, published by the Escuela Libre de Derecho in Mexico City, and from having had the misfortune to translate a fair number of these decisions.
Here's an example, taken from the Ley de Amparo, of how the "en revisión" part relates to the rest of it.
Artículo 73.- El juicio de amparo es improcedente:
I.- Contra actos de la Suprema Corte de Justicia;
II.- Contra resoluciones dictadas en los juicios de amparo o en ejecución de las mismas;
III.- Contra leyes o actos que sean materia de otro juicio de amparo que se encuentre pendiente de resolución, ya sea en primera o única instancia, o en revisión, promovido por el mismo quejoso, contra las mismas autoridades y por el propio acto reclamado, aunque las violaciones constitucionales sean diversas;
http://www.diputados.gob.mx/LeyesBiblio/abro/lamp/LAmp_abro....
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Note added at 1 hr (2017-03-03 00:56:03 GMT)
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And yes, AllegroTrans is right, a good idea for jurisdictions where the "amparo" may be an unfamiliar term (i.e., beyond the US or Canada) would be to make a footnote explaining it.
Note from asker:
| Thank you so much for this valuable and very helpful information |
Reference comments
1 hr
AllegroTrans
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois)
Works in: French to English, English, English to French
Related KudoZ points
:
106
Reference:
A definition is a good start
Recurso de amparo
From Wikipedia, the free encyclopedia
The writ of amparo (also called recurso de amparo or juicio de amparo) is a remedy for the protection of constitutional rights, found in certain jurisdictions. In some legal systems, predominantly those of the Spanish-speaking world,[1] the amparo remedy or action is an effective and inexpensive instrument for the protection of individual rights.[2]
Amparo, generally granted by a supreme or constitutional court, serves a dual protective purpose: it protects the citizen and his basic guarantees, and protects the constitution itself by ensuring that its principles are not violated by statutes or actions of the state that undermine the basic rights enshrined therein. It resembles, in some respects, constitutional remedies such as the writ of security (Mandado de Segurança) available in Brazil and the constitutional complaint (Verfassungsbeschwerde) procedure found in Germany.
In many countries, an amparo action is intended to protect all rights that are not protected specifically by the constitution or by a special law with constitutional rank, such as the right to physical liberty, which may be protected instead by habeas corpus remedies. Thus, in the same way that habeas corpus guarantees physical freedom, and the "habeas data" protects the right of maintaining the integrity of one's personal information, the amparo protects other basic rights. It may therefore be invoked by any person who believes that any of his rights, implicitly or explicitly protected by the constitution, another law (or by applicable international treaties), is being violated.
From Wikipedia, the free encyclopedia
The writ of amparo (also called recurso de amparo or juicio de amparo) is a remedy for the protection of constitutional rights, found in certain jurisdictions. In some legal systems, predominantly those of the Spanish-speaking world,[1] the amparo remedy or action is an effective and inexpensive instrument for the protection of individual rights.[2]
Amparo, generally granted by a supreme or constitutional court, serves a dual protective purpose: it protects the citizen and his basic guarantees, and protects the constitution itself by ensuring that its principles are not violated by statutes or actions of the state that undermine the basic rights enshrined therein. It resembles, in some respects, constitutional remedies such as the writ of security (Mandado de Segurança) available in Brazil and the constitutional complaint (Verfassungsbeschwerde) procedure found in Germany.
In many countries, an amparo action is intended to protect all rights that are not protected specifically by the constitution or by a special law with constitutional rank, such as the right to physical liberty, which may be protected instead by habeas corpus remedies. Thus, in the same way that habeas corpus guarantees physical freedom, and the "habeas data" protects the right of maintaining the integrity of one's personal information, the amparo protects other basic rights. It may therefore be invoked by any person who believes that any of his rights, implicitly or explicitly protected by the constitution, another law (or by applicable international treaties), is being violated.
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