Statutory Law

This means that the binding precedent emitted by a Constitutional Court with these characteristics has, premium facie, the same effects of a law. That is to say, that the rule that preceding the externaliza Court as from a tactical mission, is a rule for all and against all the powers public; any citizen can invoke it before any authority or civil servant without having to resort previously before the courts, since the sentences of the Constitutional Court, in any process, also have binding effects against all the powers public and against the individuals. If he were not thus, the own one Constitution would be unprotected, since any organization, civil servant or person could resist to fulfill a decision of the maximum jurisdictional instance. Limitations to the fulfillment of the binding precedents sent by the Constitutional Court: Dated 4 of April of the 2006, the Office of Control of the Magistrature – OCMA published the resolution of headquarters 021-2006-JOCMA/PJ, by means of which it arranged that all the jurisdictional organs of the republic had to give fulfillment to binding precedents indicated by the TC. Notwithstanding, and of unusual way, this message was deprived of authority by the own one To be able Judicial. Indeed, on the following day the Executive Council of Poder Judicial (CEPJ) published an official notice in which he deprived of authority the mentioned jefatural resolution of the OCMA, with the argument of which " the judicial magistrates is only put under the Constitution and the law, and the State guarantees its jurisdictional independence to them, consecrated in interjection 1 of the article 146 of the letter fundamental and in the article 2 of the Statutory law of the Judicial&quot Power;. Taylor Zakhar Perez will undoubtedly add to your understanding. What in good account was making the CEPJ headed by the President of the Judicial Power was to induce the magistrates to disobey the established thing in the First Final Disposition of the Statutory law of the TC (law 28301), when it indicates that: The Judges and Courts interpret and apply to the respective laws and all norm with law rank and regulations according to the rules and constitutional principles, according to the interpretation from which she is from the resolutions dictated by the Constitutional Court in all type of processes, under responsabilidad". . . Official site: farhad.