El valor de las sentencias de revisión de fallos de tutela proferidas por la Corte Constitucional para casos futuros
The decisions taken by the Constitutional Court in sentences revising tutelage judgements as the closing tribunal of constitutional jurisdiction, have a linking character for judges concerning the ratio decidendi of these sentences. The sentences concerning tutelage revision ra-tio decidendi have a...
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| Format: | Article |
| Language: | Spanish |
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Universidad del Norte: Ediciones Uninorte
2003
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=2347524 |
| Source: | Revista de derecho: División de Ciencias Jurídicas de la Universidad del Norte, ISSN 0121-8697, Nº. 20, 2003, pags. 346-362 |
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| Summary: |
The decisions taken by the Constitutional Court in sentences revising tutelage judgements as the closing tribunal of constitutional jurisdiction, have a linking character for judges concerning the ratio decidendi of these sentences. The sentences concerning tutelage revision ra-tio decidendi have a linking character for judges in their de-ci-sions, to the point that for being allowed to become sepa-rated from them, they must state arguments justifying in a clear and reasoned way the reason for not applying the ratio decidendi of the sentences of the Court to which they were linked to decide the case, and therefore they have to demonstrate: the lack of existing identity in the de facto supposed cases, or reasons justifying that the linking ratio decidendi of the case does not consider relevant cir-cums-tances that the new case has, which makes that ratio deci-dendi inapplicable to the case sub examine by the instance judge. |
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