Abstract

SARMIENTO E., Juan Pablo. Towards constitutionalization of judicial precedent in Colombia: an effort for controlling sources of law?. Opin. jurid. [online]. 2012, vol.11, n.22, pp.65-82. ISSN 1692-2530.

Judicial activism and creation resulting from law has set the precedent as a source of law, sometimes principal source for legal practice. Actually, resulting component is reportedly arriving late to institutionalization of precedent as the principal source of law. Colombian judges have not been novice when creating legal norms through the implicit issue preclusion. For this reason, the history of constitutional reform in Colombian practice addressed to regulation of effects related to jurisprudential production will be explored.

Keywords : constitutional reform; judicial precedent; implicit issue preclusion.

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