Modificaciones al mecanismo de extensión de jurisprudencia: análisis de la ley 1437 de 2011 y la ley 2080 de 2021

Abstract

Colombian administrative law has been built on the principle of legality, and following RODRIGUEZ (2013, 311 p.), it has been understood that the administration is subject to the legal system in its activity, and therefore, its acts must be consistent with the higher standards. But the truth is that, as far as the system of sources of law is concerned, there is no only the law in the strict sense, is the only norm to which the administration is subject, and therefore, the principle of legality is limited to it. In that order, although it is an already accepted issue, according to the constitutional model adopted by the Colombian state, in terms of hierarchy of normative validity, it is the Constitution that radiates the system of sources, by express mandate of articles 4 and 241 of the letter.