Abstract

SCHMILL ORDONEZ, Ulises  and  DE SILVA NAVA, Carlos. Legitimate Interest as an Element of the Amparo Action. Isonomía [online]. 2013, n.38, pp.247-268. ISSN 1405-0218.

This essay proposes a concept of "legitimate interest", an element for the admissibility of the writ of amparo that was introduced in the 2011 reforms to the Mexican Constitution. We conclude that the concept of "legal interest", contrary to the concept of "legitimate interest", presupposes the existence of a legal right within the particular legal status of the governed. The concept of "legitimate interest", on the other hand, presupposes the existence of an indirect grievance to the particulars' legal status, since she suffers that grievance by virtue of being part of a collectivity that -if in an abstract manner- has an interest in the maintenance of an effective legal order.

Keywords : legal interest; legitimate interest; group membership; amparo; subjective right.

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