Principio de legalidad y prevaricato
Purpose : To determine if malfeasance is possible when what has been called judicial precedent by the Constitutional Court of Colombia is not abided by. Methodology : This article analyzes the existing norms of judicial precedent and, on this basis, whether it is lawful to...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6798807 |
| Source: | DIXI, ISSN 0124-7255, Nº. 24, 2016 |
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| Summary: |
Purpose
: To determine if malfeasance is possible when what has been called
judicial precedent by the Constitutional Court of Colombia is not abided by.
Methodology
: This article analyzes the existing norms of judicial precedent and,
on this basis, whether it is lawful to try a public servant for malfeasance for de-
parting from the doctrine of the high courts.
Viewpoint
: Judicial precedent, or
judicial legislation, is not legitimate law in Colombia; therefore, no malfeasance
is committed when a judge departs from the rulings of the high courts.
Conclu
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sions
: According to the principle of legality and through induction, it is possible
to demonstrate that the Constitutional Court lacks the functional competence to
legislate, and its doing so constitutes malfeasance. Failure to give binding force
to the doctrine of the high courts does not constitute malfeasance, as has been
affirmed by the Constitutional Court of Colombia. |
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