Abstract

GAMBA, RICARDO QUECÁN. The Administrative Precedent in Colombia: Implications and Difficulties. Estud. Socio-Juríd [online]. 2020, vol.22, n.1, pp.353-390. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.7270.

The figure of the administrative precedent is a recent legal institution for the Colombian legal system, its legal incorporation is the product of the last decade of Constitutional Court's jurisprudence, which had impelled the legislator to incorporate this legal category in Law 1340 of 2009 -Competence Protection Law- and Law 1437 of 2011 -Administrative Procedure and Administrative Litigation Code-. This category currently represents essential theoretical and pragmatical challenges because it gives binding force to the administrations' past decisions to apply, in a uniform way, the same verdict when it has similar factual and legal circumstance. It allows these entities to be a direct source of law, and with it being able to generate all the controversies that it implies.

Keywords : Administrative precedent; judicial precedent; right source; binding force; administrative discretion.

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