The justice of precedents: is it an invasion to the autonomy and independence of the judge?

Abstract

In some Latin American countries, such as Mexico, a system of judicial binding precedents has been established under the name of "jurisprudencia" (jurisprudence), as has occurred with the precedents of the Inter-American Court of Human Rights, This jurisprudential system had its origins in the Common Law stare decisis, especially in North American Common Law, It has been adapted to the particularities of each country and has as its premise the search for judicial certainty for the person awaiting trial, However, this work addresses the problem of the autonomy and the independence of the trier, when he has to issue sentences following judicial precedents that have become binding jurisprudence, in such a manner that the inferior courts are bound to the interpretation criterion of the higher courts.