The principle of legality or also called the primacy of the law is an essential principle, its function is that all exercise of public power must be executed according to the current law and its jurisdiction and not the consent of the people. This principle governs all actions of public administration based on law and law.
It has a positive relationship, in the way that the administration can only do what is authorized by law. The principle of legality is formed as the main piece of administrative law , reserving to the law the classification of the corresponding sanctions and infractions.
The legal certainty requires that the actions of public authorities are subjected to the rule of law. The principle is sometimes designated as the gold standard of public law and is a condition that is required to ensure that a State, is a State of law , since the power has its foundation and limit in the legal rules.
According to the principle of legality, the public administration could not proceed by its own jurisdiction, but rather by establishing the content of the law. Historically, this followed an accurate interpretation of the principle of the separation of powers that emerged in the French Revolution . At the time, it came to be interpreted as a function of execution of public ends by the power of the subjective autonomy of the administration, but within the limits of the law.
Likewise, the law would be an external limit to administrative actions, within which the administration is free. In addition, the State can only do or stop doing what the law allows and orders, that is, that nothing is left to their free will. At present, however, it is considered that it is the right that determines, in a positive way, the administrative exercise, which is not allowed if it does not respond to a current procedure. The principle of legality proceeds as a legal cover of all authority .
In the tax law , as to the principle of legality, only by means of a legal rule with the character of a law, it is possible to define all the elements of the tax duty , that is, the subjects obliged to pay, the taxable event, the system or the basis to determine the taxable event, the infractions, the date of payment, sanctions and exclusions, also, the legalized body to receive the payment of taxes.
The constitutional principle of legality in the tax area entails that the formation, reform and elimination of taxes, in addition, the permission of exemptions and other tax benefits, such as the determination of the taxable event and taxpayers of the tax.
In criminal law it governs in relation to crimes and penalties, a position first defended by Cesare Beccaria , who was one of the most important leaders of the movement to modify the old continental criminal law, characterized throughout Europe for its extreme impiety, for its injustice and its lack of coherence.
Also, Paul Johann Anselm von Feuerbach instituted this principle in the field of criminal law on the basis of the maximum nullum crimen, nulla poena sine praevia lege, that is, that a behavior is qualified as a crime and must be specified in such a way in advance the execution of that conduct and the instituted punishment must be previously described by law.
It has a positive relationship, in the way that the administration can only do what is authorized by law. The principle of legality is formed as the main piece of administrative law , reserving to the law the classification of the corresponding sanctions and infractions.
The legal certainty requires that the actions of public authorities are subjected to the rule of law. The principle is sometimes designated as the gold standard of public law and is a condition that is required to ensure that a State, is a State of law , since the power has its foundation and limit in the legal rules.
Principle of administrative legality
According to the principle of legality, the public administration could not proceed by its own jurisdiction, but rather by establishing the content of the law. Historically, this followed an accurate interpretation of the principle of the separation of powers that emerged in the French Revolution . At the time, it came to be interpreted as a function of execution of public ends by the power of the subjective autonomy of the administration, but within the limits of the law.
Likewise, the law would be an external limit to administrative actions, within which the administration is free. In addition, the State can only do or stop doing what the law allows and orders, that is, that nothing is left to their free will. At present, however, it is considered that it is the right that determines, in a positive way, the administrative exercise, which is not allowed if it does not respond to a current procedure. The principle of legality proceeds as a legal cover of all authority .
Principle of Tax Legality
In the tax law , as to the principle of legality, only by means of a legal rule with the character of a law, it is possible to define all the elements of the tax duty , that is, the subjects obliged to pay, the taxable event, the system or the basis to determine the taxable event, the infractions, the date of payment, sanctions and exclusions, also, the legalized body to receive the payment of taxes.
The constitutional principle of legality in the tax area entails that the formation, reform and elimination of taxes, in addition, the permission of exemptions and other tax benefits, such as the determination of the taxable event and taxpayers of the tax.
Principle of Legality in Criminal Law
In criminal law it governs in relation to crimes and penalties, a position first defended by Cesare Beccaria , who was one of the most important leaders of the movement to modify the old continental criminal law, characterized throughout Europe for its extreme impiety, for its injustice and its lack of coherence.
Also, Paul Johann Anselm von Feuerbach instituted this principle in the field of criminal law on the basis of the maximum nullum crimen, nulla poena sine praevia lege, that is, that a behavior is qualified as a crime and must be specified in such a way in advance the execution of that conduct and the instituted punishment must be previously described by law.
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