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Frónesis 2010
Acerca del origen del Derecho: novísimo papel del precedenteKeywords: sources of law, precedence-jurisprudence, intermediate verdicts, jurisdictional amendment. Abstract: this work presents a study of the sources of law, centered on jurisprudence or precedent, analyzing the importance this has today even in our countries with a written legal system, in order to achieve an objective: to demonstrate the relevance of this source of law due to new jurisprudential phenomena. three aspects will be developed: notions about the sources of law, the fundamental characters of precedence or jurisprudence, the importance of constitutional precedent as a source of law and the outstanding role of this source of law in our days. conclusions are that the current verification for the importance of precedent as a source of law with traits similar to the law, generates legitimacy problems for court actions, especially constitutional courts, when they pronounce intermediate verdicts or when they perceive a constitutional amendment in their actions.
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