Estudio sobre el precedente judicial en Colombia (Primera Parte)

Abstract

The present research will be focused on the study of the doctrine of judicial precedent in Colombia. The Political
Constitution, which was faithful to the civil law’s legal tradition, has specifically anticipated the auxiliary nature of
jurisprudence. However, despite such constitutional provision, over the years and especially during the second half
of this century, the colombian Judicial Power has acquired an undeniable prominence. The first part of this paper will
describe the composition of colombian’s Judicial Power and the institutional design of the Superior Courts of the
ordinary, administrative and constitutional jurisdictions. Moreover, the system of constitutional control established
in this country will be explained. Despite Colombia has a Constitutional Court which is responsible for guarding
the integrity and supremacy of the Political Constitution, this control of constitutionalityis mixed. Lastly, within the
regulatory level, the constitutional and infra constitutional dispositions connected to the value of precedent will be
explained.