Porqué el precedente judicial debe ser un parámetro de legalidad por vía de excepción de los actos administrativos

Abstract

Colombia has gone from considering a system of sources of law on the basis of the legality, to put this and as an essential foundation of respect for legal certainty and equality, that the decisions of the judges and the administrative authorities to respect and fulfill the judicial precedent, hence the system of sources of law has changed in regard to the interpretation that the public authority is subject only to the rule of law, to the extent that the latter can also be judicial precedent. So, it is valid to consider the legality of acts of the administration can be controlled by way of exception or derogation in judicial or administrative proceedings based on judicial precedent, as a guarantee of superior rules of the source of law, and respect the legal system, despite to the legislator failed to enshrine this source as a mechanism express legality of administrative acts.