El precedente en Colombia
The purpose of this report is to determine whether court rulings have the character of precedent in the Colombian legal system, and if so, what is the rationale, the nature and extent of this character. In this context I will refer to the precedent with the two ideas that, according to Bell, make up...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2008
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3399848 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 21, 2008, pags. 81-94 |
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| Summary: |
The purpose of this report is to determine whether court rulings have the
character of precedent in the Colombian legal system, and if so, what is the
rationale, the nature and extent of this character. In this context I will refer
to the precedent with the two ideas that, according to Bell, make up this
concept: �treat prior decisions as set out authoritative law that function as
good reasons for subsequent decisions� and to require �judges of specific
courts to consider certain preliminary decisions, particularly those of high
courts, as a reason binding�. We will defend the argument that, although the
Colombian has the right structure and the foundations of a continental law
system, after an evolution after the 1991 Constitution, both positive law
and practice have come to recognize that court rulings have the character of
precedent. I shall present the arguments that sustain this thesis into two parts.
The first will rebuild soon with the process that led to the recognition of the
nature of the case law and precedent to give account of the legal foundations
of such a character. In the second specifying what is above, how to apply and
what is its scope in Colombian law. |
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