Análisis comparado de la formación de la jurisprudencia en México y del precedente judicial en Colombia
Actually, there are several discussions about the obligatory nature of the judicial decisions in a determined legal system, as the control in the sources of law is based on the power of creation of law. On the one hand, in Mexico there is a binding strength related to the decisions of the judges, in...
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| Format: | Article |
| Language: | Spanish |
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2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6046604 |
| Source: | Revista CES Derecho, ISSN 2145-7719, Vol. 8, Nº. 1, 2017, pags. 71-99 |
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| Summary: |
Actually, there are several discussions about the obligatory nature of the judicial decisions in a determined legal system, as the control in the sources of law is based on the power of creation of law. On the one hand, in Mexico there is a binding strength related to the decisions of the judges, in line with a precedent system known as jurisprudence, where the organisms, forms and procedures that create jurisprudence are regulated by the law. On the other hand, Colombia presents a system that has been more developed in terms of jurisprudence rather than legislation, which causes conflicts in the interpretation and in the binding relation of the jurisdictional decisions for future cases. Therefore, a fruitful comparison of the means to do jurisprudence in both countries is noticeable and it will be described and analyzed throughout this article. |
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