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El precedente en el sistema jurídico colombiano: un estudio comparado en el derecho público
| Content Provider | Semantic Scholar |
|---|---|
| Author | Acosta, Yofana Martín |
| Copyright Year | 2015 |
| Abstract | In Colombia the jurisprudence of the high courts, is the Light of the Constitution, auxiliary criterion and secondary source of law. But that letter the Same policy created the Constitutional Court and set it up as their guardian and protector, and from 1993 decided esta clarity regarding its mandatory precedent. From the Judgment C-104 of 1993, the Court ruled that the decisum of its judgments on constitutionality, explicitly and their relationship with decidendi implicitly: affects everyone, binding precedent son. Later the same court in the judgment C-836 of 2001, the legal system became a system of precedents, and recalled the binding nature of the judgments of the Supreme Court in what has been known since ancient times as likely doctrine. The different role is that under Law 1.437 of 2011 have taken the Sentences unification of the State Council. Therefore it is necessary to review what the real role of precedent in the Colombian legal system. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repository.ucatolica.edu.co/bitstream/10983/3060/4/EL%20PRECEDENTE%20EN%20EL%20SISTEMA%20JUR%C3%8DDICO%20COLOMBIANO.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
