THE GENERAL DECLARATION OF UNCONSTITUTIONALITY: INCONGRUITY WITH THE CONTROL SYSTEM OF CONSTITUTIONALITY AND PROBLEMS IN THE PROTECTION OF HUMAN RIGHTS

Abstract

The constitutional amendment of June 6, 2011 implied the modification of the relativity of the judgment of amparo, according to which it only protects the part that obtained the favorable resolution but without the effects about third parties unrelated to the dispute. On the other hand, the implementation of the declaration of unconstitutionality was due to necessary modification of the principle of relativity was deemed unpostponable in order to avoid the violation of constitutional supremacy, equality under the law and other inconveniences. In this paper analyzes the relativity of the judgment of amparo principle from his development and idoneidad; likewise, we propose move to new general declaration of unconstitutionality with two components:  the protection of human rights and his compatibility with the current system of control of constitutionality.