The trial of Spanish residence, background the trial of liability and not the trial Mexican amparo

Abstract

In the Mexican legal system, specifically regarding the responsabilities of government employees, the influence of the Spanish law is clear, being it´s precedent the residence trial, which main function was to punish officers who held public office in conquered lands and violated dispositions issued by the Spanish crown. The main objective was to punish public officers for their poor fulfillment of the assigned functions. The Mexican liability of public officers trial has the same purpose as the Spanish residence trial, it even has similar sanctions which can go from admonitions to becoming ineligible for public office. Much has been said regarding the fact that the Mexican amparo trial (protection of civil liberties) finds its precedents on the Spanish residence trial, however I must disagree, mainly because the amparo´s trial main objective is to compensate the individuals for suffering violations to their human rights by any authority, in other words the amparo trial is mainly about the individual´s protection, while the residence trial focuses on the performance evaluation of the officers, for it aims to sanction the officers for their performance; therefore I do not consider there is a direct relation between both procedures.