全部 标题 作者
关键词 摘要

OALib Journal期刊
ISSN: 2333-9721
费用:99美元

查看量下载量

相关文章

更多...
Ius et Praxis  2012 

EL PRECEDENTE EN LA DIMENSIóN DE LA SEGURIDAD JURíDICA

DOI: 10.4067/S0718-00122012000100008

Keywords: precedent and stare decisis, protection of legal certainty, predictability, stability and certainty, res judicata and stare decisis dichotomy.

Full-Text   Cite this paper   Add to My Lib

Abstract:

the study given in this essay aims to introduce to the latin-american legal community and academia the importance of the judicial precedent as a way to protect the constitutional value of legal certainty. in this respect, it is through the judicial precedent that the constitutional value of legal certainty could obtain the judicial protection because once it is constituted as a fundamental and constitutional right to the whole citizenship, this right claims an adequate protection, and this could be achieved by means of the judicial precedent. also, not only foundations and basis to the protection of judicial certainty are presented here, but also reasons to theorize that by means of the judicial precedent, it could also be achieved the protection of the trust of the citizenship among the judicial decisions of diverse courts. finally, this study looks forward to separate two different dimensions. first of all, the res judicata authority appearing in every single final decision of the courts, quality that protects what was decided with the guarantee of immobility through the time, and, in the other hand, the doctrine of the stare decisis which gives to the parties the trust of stability and predictability that guarantees to the them that present decision of any lawsuit respects the past decisions taken by the superior courts, to ensure the equality of treat to the citizens.

Full-Text

Contact Us

service@oalib.com

QQ:3279437679

WhatsApp +8615387084133