Mecanismo de extensión de la jurisprudencia del Consejo de Estado a terceros como escenario de activismo judicial dialógico
The extension of the effects of the jurisprudence of the Council of State to third parties rather than a mechanism of judicial efficacy or the triumph of the theory of the binding force of judicial precedents, expresses a renovated view of the principle of checks and balances and the idea of a colla...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6488121 |
| Source: | Revista Digital de Derecho Administrativo, ISSN 2145-2946, Nº. 20, 2018, pags. 389-419 |
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| Summary: |
The extension of the effects of the jurisprudence of the Council of State to third parties rather than a mechanism of judicial efficacy or the triumph of the theory of the binding force of judicial precedents, expresses a renovated view of the principle of checks and balances and the idea of a collaboration between the judiciary and the executive branch. This paper seeks to demonstrate how the extension mechanism not only reiterates the unifying role of the State Council and its intervention in administrative adjudication involving the application of its precedent, but it equally introduces a dialogue between the public administration and the judiciary that is key to ensure legal certainty and the principle of equality |
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