5 expressed in Article 8 of the Convention should be understood to apply to all judicial guarantees referred to in the American Convention (reading Article 8 in combination with Articles 7(6), 25 and 27(2) of the Convention).10 14. That being the case, judicial guarantees such as those protected under American Convention articles 7(6) -habeas corpus– and 25(1) –the petition for a writ of amparo or the petition for a writ of mandamus or any other effective remedy before the competent domestic judges or courts- are essentials that must be taken within the framework of the principles of Article 8 of the Convention.11 The Court concludes Advisory Opinion OC-9 in very unambiguous terms: "the above judicial guarantees should be exercised within the framework and the principles of due process of law, expressed in Article 8 of the Convention. "12 15. MORE RECENTLY, IN ITS HISTORIC AND PIONEERING ADVISORY OPINION OC-16/99 (OCTOBER 1, 19999) ON THE RIGHT TO INFORMATION ON CONSULAR ASSISTANCE IN THE FRAMEWORK OF THE GUARANTEES OF DUE PROCESS OF LAW, WHICH HAS BEEN A SOURCE OF INSPIRATION FOR THE INTERNATIONAL CASE-LAW IN STATU NASCENDI ON THE MATTER, THE INTER-AMERICAN PREREQUISITES OF THE JUDICIAL 8 OF THE CONVENTION) COURT EMPHASIZED THAT THE GUARANTEES (PROTECTED UNDER ARTICLE ARE INTENDED TO ENSURE OR TO ASSERT THE ENTITLEMENT TO A PROTECTED RIGHT OR THE EXERCISE THEREOF. COURT THE ALSO POINTED UP THE ESSENTIALLY EVOLUTIVE NATURE OF THE VERY CONCEPT OF DUE PROCESS OF LAW, WHICH GROWS AND EXPANDS TO ACCOMMODATE NEW REQUIREMENTS FOR THE PROTECTION OF THE HUMAN PERSON.13 16. In my concurring opinion on the latest and equally historic Advisory Opinion OC/18 (September 17, 2003) on the Juridical Condition and Rights of Undocumented Migrants (the first time an international court has addressed this matter), I pointed out the great significance that I attribute to the fundamental principles of law in any legal system, as follows: Every legal system has fundamental principles, which inspire, inform and conform their norms. It is the principles (derived etymologically from the Latin principium) that, evoking the first causes, sources or origins of the norms and rules, confer cohesion, coherence and legitimacy upon the legal norms and the legal system as a whole. It is 10 11 12 Ibid., paragraphs 29-30. Ibid., paragraph 38 and operative paragraph No. 1. Ibid., operative paragraph No. 3. 13 Cf. IACtHR, Advisory Opinion OC-16/99 (October 1, 1999) on The Right to Information on Consular Assistance in the Framework of the Guarantees of Due Process of Law. Series A, No. 16, paragraphs 117-124.

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