La seguridad jurídica ante la obligatoriedad del precedente judicial y la constitucionalización del derecho
The present paper constitutes the author’s second document presented for his PhD in Law from the Pontificia Universidad Javeriana, and it presents some reflections regarding the impact that legal precedent and constitutionalization can have on legal certainty. For such purposes, it studies judicia...
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Format: | Article |
Language: | Spanish |
Published: |
2015
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7477819 |
Source: | Derecho Público, ISSN 1909-7778, Nº. 34, 2015 |
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Summary: |
The present paper constitutes the author’s second document presented for his PhD in Law from the Pontificia Universidad
Javeriana, and it presents some reflections regarding the impact that legal precedent and constitutionalization can
have on legal certainty. For such purposes, it studies judicial precedent and jurisprudence, as well as its obligatoriness
in a legal system. Also, it deals with constitutionalizacion and how legal certainty can be affected by judicial activism and
constitutional over interpretation, as well as the risks inherent in them. |
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