El error jurisdiccional por desconocimiento del precedente judicial en Colombia

In modern times, the reorganization of legal sources has elevated judicial precedent from an auxiliary criterion to a source of law equal to legislation. As a result, the study of State liability for judicial decisions that breach the law has become a genuine challenge. It is no longer sufficient to assess whether a judicial decision contradicts statutory law; its consistency with binding precedent must also be examined. This evolution requires a careful balance between the principle of judicial independence and the principles of equality, legal certainty, and legitimate expectations. However, Colombia’s contentious-administrative jurisdiction has struggled to adapt to this shift, largely because the reconfiguration of the sources of law has not yet been fully embraced