Abstract

SILVA ARROYAVE, SERGIO ORLANDO. The Unity of Law and Jurisprudential Divergences among the High Courts in Colombia. Rev. Derecho Estado [online]. 2021, n.48, pp.215-242.  Epub May 04, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n48.08.

The fact that the same norms can be interpreted and applied in a final and definitive manner by several judges and courts of different jurisdictional orders, sometimes produces jurisprudential divergences or "train clash", when the same normative text is interpreted and applied differently by the different jurisdictions. These jurisprudential divergences affect several principles such as equality, justice or legal security, as well as certain values or purposes such as the unity of law, which allow legal systems to fulfill their social purposes. In this way, the study of the notion of the unity of law should be studied in depth in order to identify whether the jurisprudential divergences between the high courts in Colombia are the manifestation of the incorrect interpretation of the legal order that these high jurisdictions make or whether the jurisprudential divergences are the consequence of the particular way how the Colombian legal order and the jurisdictional actions are conceived.

Keywords : Unity of law; jurisprudential divergences; interpretative conflicts; train clashes; high courts.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )