Keywords
Constitutional Court and its critics
critical legal studies
broadening and narrowing of the ratio decidendi
sources of law
How to Cite
Abstract
There are different points of view from which legal reasoning can be examined. Some argue that there is a correct theory of legal reasoning and therefore, they analyze particular cases in order to determine if a particular argument drawn by a judge or a court is coherent with a proposed theory. One of the main assets of Critical Legal Studies (gv) is to think about law as a practice in which there is no need to establish a particular theory to grasp reality. In the area of legal reasoning, Dxgex Kixxih has tried to show us how the main concern of a judge is about legitimacy, even though in a particular case he will try to reach a decision that expresses a political project of his own. In this article I will try to show how the Kennedy's approach about the way a judge develops her legal reasoning, fairly describes some practices of the Constitutional Court. gv can show us a path in which criticism towards legal reasoning can be more effective. I affirm that one of the criticisms against the Constitutional Court has tried to show how she is or is not coherent with a theory of legal reasoning that she may not share. This is a non-productive way to run criticism. In their writings of legal reasoning, gv show a path for a more productive criticism than the one that has been made in Colombia so far.
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