How is jurisprudence formed by obligatory precedents?

Article by: Lic. Javier Almonte | Last update: April 10, 2022
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The reasons that justify the decisions contained in the sentences issued by the Plenary of the Supreme Court of Justice of the Nation, constitute mandatory precedents for all the jurisdictional authorities of the Federation and of the states when they are taken by a majority of eight votes.

How is the jurisprudence carried out?

Jurisprudence is created through a sentence or sentences issued by the Courts or the Supreme Court of Justice of the Nation. These are sentences on real cases that are submitted to said bodies and that, when the cases are resolved, can form jurisprudence.

How is jurisprudence formed by Reiteration of criteria?

Jurisprudence by reiteration is established by the collegiate circuit courts when they support, unanimously, the same criterion in five sentences not interrupted by another to the contrary. Questions of fact or law that are not necessary to justify the decision will not be binding.

How is judicial precedent applied in Colombia?

The duty to apply the precedents of the judges of the republic is a legal duty of constitutional rank: it emanates from a norm of the Constitution, or at least from a certain meaning that the Constitutional Court grants to some of the provisions of the Magna Carta49; therefore, it is a judicial precedent of rank …

When does judicial precedent apply?

Let us return to the proposed definition and clarify another matter: the “precedent” is the set of reasons that a judge of a high court exposes to support the judicial decision, which are taken by another judge (another legal operator) to apply them to a new case. , due to the similarity of the “facts”20.

20 related questions found

When does a binding precedent apply?

The judgments of the Constitutional Court that acquire the authority of res judicata constitute a binding precedent when the judgment so expresses it, specifying the extent of its normative effect.

Who establishes the jurisprudence by reiteration according to article 216 amended DOF 07 06 21?

Article 216.

Jurisprudence by reiteration is established by the collegiate circuit courts. Jurisprudence by contradiction is established by the Plenum or Chambers of the Supreme Court of Justice of the Nation and by the regional plenary sessions.

Who establishes the jurisprudence for contradiction of criteria?

The jurisprudence by contradiction is established by elucidating the discrepant criteria held between the chambers of the Supreme Court of Justice of the Nation, between the Circuit Plenaries or between the collegiate circuit courts, in matters of their competence.

What are the criteria of jurisprudence?

The characteristics of the jurisprudence are four: Explanatory, insofar as it clarifies and sets the scope of the law when it is obscure. Supplementary, as it provides a solution to cases not provided for by law. Differential, adapts the law to the specific case, preventing its undifferentiated application from enshrining injustices.

What is case law and how is it applied?

Jurisprudence is a set of principles, reasoning and criteria that judges establish in their resolutions, when interpreting legal norms, that is, by unraveling or clarifying their meaning and scope or by defining cases not provided for in them.

How is the jurisprudence applied in Mexico?

Jurisprudence can be formed through two means: by reiteration of thesis or by contradiction of thesis. The first of them consists of five sentences on the same subject being resolved in the same direction in an uninterrupted manner.

How is the 2021 jurisprudence created?

On March 11, 2021, by means of a decree published in the Official Gazette of the Federation, the Political Constitution of the United Mexican States was reformed, highlighting the addition of a twelfth paragraph to article 94 thereof, where a new form of create jurisprudence; jurisprudence for…

What are the types of case law?

In this sense, there are two types of judicial jurisprudence in our country, the obligatory and the non-obligatory or guiding according to its nature. The Constitution or the Law determine the cases, requirements, conditions and scope of said obligation.

What are the three ways in which jurisprudence is formed?

The functions of jurisprudence are as follows: Explanatory: because it clarifies and sets the scope of the law when it is obscure, that is, when the law is not clear about it. Supplementary: provides solutions to cases that are not provided for in the law. Differential: adapts the law to the specific case.

What are the judicial criteria?

THOSE THAT REFER TO ISSUES NOT EXPOSED IN THE DEMAND OR ANSWER THAT FIX THE LITIS ARE CONSIDERED THUS. INOPERABLE TORT. THUS CONSIDERED THOSE SUPPORTED BY ALLEGATIONS RAISED IN THE EXCEPTION OF ERROR ON THE ROAD DUE TO SUBJECT REASON.

Who establishes the jurisprudence for contradiction of criteria according to article 216 of the Amparo Law?

Amparo Law, Regulatory of articles 103 and 107 of the Political Constitution of the Federal United Mexican States. Article 216. Jurisprudence based on obligatory precedents is established by the Supreme Court of Justice of the Nation, operating in plenary session or in chambers.

Who resolves the thesis contradictions?

For this reason, it is that by resolution of contradiction of thesis the procedure by which the Supreme Court of Justice of the Nation —functioning in Plenary or in chambers— resolves opposing criteria of jurisprudence issued, either by the chambers of that highest court or by the collegiate courts of…

Who can resolve a thesis contradiction?

In the Mexican Legal System, since 1967 it has been established that the power to denounce the contradiction of theses or Jurisprudential criteria is held by the Ministers of the Supreme Court of Justice of the Nation, the Attorney General of the Republic, the Collegiate Courts and the parties involved in…

Who establishes the jurisprudence by obligatory precedents?

From the commented reform, the jurisprudence will be established as follows. By precedent: It is established by the Supreme Court of Justice of the Nation, operating in full or in rooms.

Who establishes the jurisprudence by substitution?

The substitution of jurisprudence, whose elimination is proposed in this judicial reform, is exercised by the chambers and the plenary session of the Court, upon request of the circuit magistrates or the ministers, with the endorsement of the respective circuit plenary session or chamber.

What does article 216 of the Amparo Law say?

Article 216.

– In the event of the death of an ejidatario or community member who is a party to an amparo proceeding, the peasant who has the right to inherit it in accordance with the agrarian laws shall have the right to continue the process.

How many binding precedents are there in Peru?

The current composition, which entered in 2014, has only issued 4 binding precedents to date4 and, in general, it can be said that in these 11 years of validity of the Constitutional Procedural Code, the binding precedents have not always collected the reasoning of greater relevance that has produced the…

When is a constitutional sentence binding?

“For this purpose, it should be noted that the binding nature of the judgments and resolutions of the Constitutional Court means that the constitutional doctrine created, as well as the sub-rules extracted from the implicit norms of the Constitution, contained in the Constitutional Judgments, have to be applied. ..

What is binding doctrine?

The binding jurisprudence determines that the law is the joint work of the legislator and the judge, and the principle that says that the ruler does not make the law, but the law makes the ruler is fulfilled.

What are the branches of technical jurisprudence?

Although, what are the branches of technical jurisprudence? – Legislative Technique – Jurisprudence Interpretation Technique Technical Legal Technique o – Integration Technique Application Doctrine – Conflict resolution technique for reasons of time, validity and space.

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