Elementos relevantes para el análisis de las sentencias de la Corte Constitucional colombiana
In recent years, the study of jurisprudence has gained a special interest in both Colombian legal practice and Colombian legal research. Nevertheless, the jurisprudence study has been affected by the lack of clarity about the elements of a judicial based Law and their differences with the statutory...
- Autores:
-
Pulido-Ortiz, Fabio Enrique
- Tipo de recurso:
- Article of journal
- Fecha de publicación:
- 2008
- Institución:
- Universidad Católica de Colombia
- Repositorio:
- RIUCaC - Repositorio U. Católica
- Idioma:
- spa
- OAI Identifier:
- oai:repository.ucatolica.edu.co:10983/17697
- Acceso en línea:
- https://hdl.handle.net/10983/17697
- Palabra clave:
- FUENTES DEL DERECHO
JURISPRUDENCIA
CONTROL CONSTITUCIONAL
SOURCES OF LAW
JURISPRUDENCE
CONSTITUTIONAL CONTROL
- Rights
- openAccess
- License
- Derechos Reservados - Universidad Católica de Colombia, 2008
Summary: | In recent years, the study of jurisprudence has gained a special interest in both Colombian legal practice and Colombian legal research. Nevertheless, the jurisprudence study has been affected by the lack of clarity about the elements of a judicial based Law and their differences with the statutory Law taking into account theoretical aspects as much as methodological ones. This article introduces the relevant jurisprudence elements that must be considered for a correct analysis of the Constitutional Court’s decisions, from theoretical and practical points of view. In order to do that, (1) the common issues related to the discussion about the judicial based Law are described and the problem that faces the study of the Constitutional Court jurisprudence as a source of Law is limited. Once the previous point is defined, (2) the article introduces the issues known by the Constitutional Court and identifies its main components. Lastly, according with the proper features of the judicial based Law (part 1) and the issues known by the Constitutional Court (part 2) the article identifies the relevant elements in order to analyze the decisions of such a Court. |
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