The criteria of the jurisdictional function in Colombia and in comparative law among the States of Latin America, as well as the integration of external and internal normative systems.

Abstract

The criteria of judicial activity refer to the way in which the sources of law that at a given historical moment are part of a certain regulatory system should operate, whether they are a manifestation of internal law or external law. Based on them, the judge has a hierarchical order of application that constitutes a guarantee of the rule of law and constitutional democracy in the resolution of specific cases; However, the non-consecration of these criteria, nor of a clause for the reception of external law in the various Latin American constitutions, and even of clauses of constitutional supremacy in many of these legal systems, has led to serious problems of systematization and integration.

These constitutional non-consecrations are considered an omission in the face of what should be a fundamental political decision in States that declare themselves constitutional and legal States. Under this context, this document makes an analysis and comparative proposal of the constitutional legal systems in Latin America, characterizing its system of sources of domestic law, its constitutional supremacy, the existence or not of criteria of the jurisdictional function and the reception formulas. of external systems, all of which are considered fundamental assumptions of a democratic State.