When is the social interest affected? Reflections on the provisional protection in the Amparo trial in light of Common Good Constitutionalism

Abstract

The suspension in the amparo trial—better understood as a provisional injunction  or protection—is contingent upon “no harm being done to the social interest.” However, when and for what reasons could we consider that the social interest is affected? This article aims to answer this question from the perspective of Common Good Constitutionalism. Thus, it will be argued that this constitutional theory allows for a substantive understanding of the social interest that recognizes the dignity of all members of society and is consistent with human rights. It will be argued that the social interest: (I) does not translate into the benefit of many at the expense of a few; (II) does not oppose human rights, as these rights constitute it; and (III) is not a blank check to endorse any subjective preference that the authorities wish to impose on society.