La posición de la jurisprudencia en el sistema de fuentes del derecho colombiano

Abstract

In this article, is to establish what position having the jurisprudence in the system of sources of Colombian law, doing a historical tour since its adoption in Colombia, by listening methodological difficulties in identifying the ratio decidendi, or rationale to decide the case; to finally evaluate the provisions of the Administrative Code and the Colombian Administrative Procedure, where it is given an important value to the jurisprudence of the State Council as a body for closing the administrative jurisdiction, assuming a critical position against breaches that these precepts can cause to the principles of autonomy and judicial independence and the separation of powers, in those cases in which the administration is obliged to enforce judgments of unification dictated by the Plenary of the Council of State.