Practice question · Multiple choice
Why is the Constitutional Court not part of the Poder Judicial, even though it decides cases and its decisions bind?
Hints
- Ask what question reaches it, and what question reaches the Supreme Court.
- The amparo is not a fourth instance.
Show the answer
D. It is a separate constitutional organ that reviews norms and rights rather than hearing ordinary litigation
Why
Because it answers a different question. The ordinary courts decide who wins the dispute; the Constitutional Court decides whether a norm is compatible with the Constitution, whether a fundamental right was violated, and who was competent. That is why an amparo that simply repeats the arguments already rejected below is not a constitutional case at all.
Practise Resolving Disputes
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