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.