La extensión de la jurisprudencia del Consejo de Estado una alteración de las fuentes del derecho en Colombia

Abstract

This article presents a brief study on the position of the judicial precedent in the Colombian legal system, based on the traditionalist conception of article 230 of the 1991 Political Constitution in which the law is held in a pre-eminent position, but showing that in the practice of both the congress of the republic and administrative authorities and judges, have contributed to the disciplined application of the preceding, ceasing to be an auxiliary criterion to become a true source of law given its mandatory and binding nature, understood this, we will enter the study of the figure of the Extension of the Jurisprudence of the Council of State, seen as a mechanism of legal nature that is built in the Colombian regulatory system with the issuance of Law 1437 of 2011. Through this institution it is sought to homogenize the judicial action on the basis provided by the jurisprudence of unification of the maxi mo organ of the Contentious Administrative Jurisdiction. With this, the system of normative sources in our environment is reinterpreted, surpassing the vision that article 230 of the Political Constitution provided on the subject.