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... Deskribapen osoa

Egile nagusia: Bernal Pulido, Carlos
Formatua: Artikulua
Hizkuntza: Gaztelania
Argitaratua: Universidad Externado de Colombia 2008
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Laburpena: 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.