Aplicación en el tiempo del cambio de precedente judicial en las tres altas cortes : dinámica actual y propuesta de solución
The current study is divided into two parts. In the first one we take into consideration the temporary effects in the judgments of the three Colombian high courts in those cases when a precedent is overruled. The Supreme Court of Justice and the Council of State usually apply the new binding rule in a prospective way, i.e. to the future cases. On the contrary, the Constitutional Court usually give restrospective effects to their judgments, i.e. the new rule would have a binding effect to the parties of the original suit. In the second part, we first make a proposal for a solution about the absence of univocal criteria that determine whether the new precedent will be applied to the case under review. After that, we explain its justification based on principies like favorability, equality, legality, the protection of due process and other typical clauses in the Colombian legal system.