Constitutional Procedural Code

On the other hand, in order to confer major predecibilidad to constitutional justice, the legislator of the Constitutional Procedural Code also has introduced the technique of the precedent, in its article VII of the preliminary title, when establishing that the sentences of the Constitutional Court that acquire the authority of judged thing constitute binding precedent when therefore expresses Sentencia, needing the end of its normative effect () . In this way, although as much the jurisprudence as the constitutional precedent has common the characteristic of their binding effect, in the sense that no authority, civil servant or individual it can resist to his obligatory fulfillment, the Court, through constitutional precedent, has general a normative power, extracting a norm from a tactical mission. Conditions of the use of the precedent: This it is come off that the precedent is a technique for the arrangement of the jurisprudence allowing at the same time as the Court exerts a true one to be able normative with the restrictions that its own jurisprudence will have to be delimiting gradually. Of preliminary way it can settle down, nevertheless, that one first restriction is referred to relation enters case and precedent. As it happens in the countries of the Common Law () the value of precedent of a decision is determined by what a judge decides indeed in the sentence. More what indeed it is decided, is certain in relation to the case (fattispecie) concrete of the controversy submissive in opinion. In this sense, this Associated one considers that this rule also is valid for our system, even though also is truth that the configuration of the case in our legal system not always is related to concrete facts but to the evaluation in abstract of norms, as it happens in the case of the control of consitutionality of the Law, for example. It, however, does not do that the normative precedent that this Associated externalice, does not have a direct relation with the central question that must be decided because thus it has been put under the Constitutional Court.

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