La controversia sobre el precedente judicial: un clásico del derecho en constante renovación

Abstract

The questions about the recognition of the binding value’s doctrine of the judicial precedent act is a real finding-point of the defaults in the structure of the Continental law systems in general and of the Spanish law system in particular. Indeed, in the own field of action of the last centuries’ European codified law’s systems it, has been attended in a very fast structural changes on the legal organisation. In the case of Spain, the incidence of this and others measures of opening towards the outer influence in the configuration of the legal culture had a mayor influence in good part of the authors. The final recognition of the binding character of the judicial review gives back to the Continental judicial power its own place in the progress of law’s creation.