Browsing by Subject "Institutionalized mechanisms for the identification"

Now showing 1 - 1 of 1
  • Thumbnail Image
    Publication
    Open Access
    Sobre la maximización de la jurisprudencia y los precedentes
    (EdiUNS, Universidad Nacional del Sur (UNS) de Argentina, 2022-12-28) Núñez Vaquero, Álvaro; Fundamentos del Orden Jurídico y Constitucional; Facultad de Derecho
    The objective of this work is to carry out a reconstruction and critical analysis of the institutionalized mechanisms for identifying rationes decidendi, that is, the norms formulated and/or used in jurisdictional decisions for the decision and justification of other cases. In the first place, it begins with an introduction giving an account of the importance and relevance of the phenomenon. Secondly, the fundamental concepts of any theory and/or doctrine of precedent are established: precedent, rule of precedent and ratio. Thirdly, it analyzes what these mechanisms of institutionalized identification of the rationes consist of. Fourth, some advantages of incorporating mechanisms of this type into a legal system are presented. Fifth, some of the supposed dangers that such mechanisms would entail are discussed. Sixthly, two real dangers that the identification of rationes using these mechanisms involves are analysed. It ends with some very brief conclusions.