El precedente jurisprudencial como fuente del ordenamiento jurídico ¿Por qué razón es obligatoria la jurisprudencia como fuente del derecho colombiano?
A review of legislated law, judicial law and academic literature seem to indicate that the Civil Law system in Colombia has adapted to the precedent or law of "cases" maintaining the tradition of civil law regarding sources such as the law, custom and general principles of law. In particul...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8982836 |
| Source: | Revista Jurídica Mario Alario D'Filippo, ISSN 2256-2796, Vol. 14, Nº. 28, 2022, pags. 538-568 |
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| Summary: |
A review of legislated law, judicial law and academic literature seem to indicate that the Civil Law system in Colombia has adapted to the precedent or law of "cases" maintaining the tradition of civil law regarding sources such as the law, custom and general principles of law. In particular, the Constitutional Court chooses a relative system of jurisprudence; which means that, although the precedent of the High Courts is obligatory, the judges can separate themselves from it, if they present sufficient and reasonable reasons. The reasons that justify following the jurisprudential precedents are equality; legal certainty; the coherence of the legal system; and the control of judicial activity for which it is desirable in pursuit of the rights of the people that the legal system continues to be interpreted as it has been interpreted in the past for the solution of similar cases. This article focuses on a review of the sources of law and the value of precedent in the Colombian legal system, describing its legal and doctrinal evolution in order to establish what the law of judges in Colombia should be, using methodologies of legal hermeneutics. |
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