About the models of supreme courts and the overruling of precedents

Abstract

The task of the Supreme Courts and the Constitutional Courts has undergone an evolution through years of history, from its classic reactive role to a more proactive one, which prevails in the current models. In this article, the author analyzes this evolution describing the roles -and their basis- of control of legality, as a classical function, and to give meaning to the normative text and complete the meaning of the legislative document with binding precedents, as a contemporary function. The author completes the analysis focusing on the overruling and its application in Perú.

Keywords

• Cortes Supremas
• control de Legalidad
• precedente vinculante
• overruling
• función reactiva
• función proactiva