Obligatoriedad del precedente judicial frente a las autoridades administrativas según lo dispuesto en la Ley 1437 de 2011 y conforme a la Sentencia C-539 del 2011

Abstract

Still debate the issue of compulsory jurisprudence of the high courts against the actions of the Colombian administrative authorities. Constitutional Court through the rulings SU-047 of 1999, T-1625, 2000, C-836, 2001, SU-1300, 2001 and T-057 of 2006 and especially in the C-539 in 2011, reiterated that the ratio decidendi of decisions of jurisprudence character is binding on all courts and administrative authorities, which is a rule that applies to all cases subsumed within the case referred by the court rule is enforced, which should be respected by administrative authorities, as they are obliged to apply the law in force. In this vein, the legal solve problem in this paper is to solve the question: compulsory precedent in administrative matters is actually given on the basis of judgment C-539 of 2011 of the Constitutional Court? , formulated the hypothesis that it is necessary that when applying or separated from the jurisprudence of the Constitutional Court, judges and state entities-not-judicial giving effect to the methodological tools developed by doctrine and constitutional justice, relying on the concepts of legal problem, ratio decidendi and obiter dicta.