How Judge Hercules should decide. Description and analysis of the theory of legal argumentation from the vision of Ronald Dworkin. Case study based on Colombian jurisprudence
How Judge Hercules should decide. Description and analysis of the theory of legal argumentation from the vision of Ronald Dworkin. Case study based on Colombian jurisprudence
Document
metadata
Summary
Along these lines, the aim is to reconstruct the decision-making methodology of Judge Hércules, and then show readers the importance of applying the criteria of integrity and coherence when interpreting legal norms, as well as such as the impact that these approaches have on judicial decisions, the way in which these vary when they are omitted and when they are taken into consideration; The above will be applied to the interpretation given to the rule contained in article 121 of the General Code of Procedure (Colombian Procedural Statute) by the judges of the ordinary jurisdiction, who by omitting the criteria in their interpretative activity of integrity and coherence resulted in the foreseeable declaration of unenforceability of the nullity of full law contained in this norm by the Constitutional Court.
Chilean Law Magazine; Vol. 48 No. 2 (2021); 231-255
Editor
Faculty of Law of the Pontifical Catholic University of Chile
Date
2021-11-03
Guy
Article
Issue
Integrity
Format
application/pdf
Language
spa
Qualification
How Judge Hercules should decide. Description and analysis of the theory of legal argumentation from the vision of Ronald Dworkin. Case study based on Colombian jurisprudence