Meaning of Legality

What is Legality:

Legality is a condition or act carried out within the regulatory framework of a State.

Principle of legality

The principle of legality is any act emanating from the Public Powers must be governed by the legal system of the State and not by the will of individuals. The principle of legality emerges from Administrative Law since it limits the State by virtue of the fact that its actions must be subject to the legal framework, that is, the law must prevail over individual interest, arbitrariness of the Executive Power and Judicial Power, abuse of power and legal uncertainty.

The principle of legality is legally determined by the occurrence of 4 conditions; it delimits the space where the law can intervene, ensures the prelative order of the rules subordinate to the law, selects the precise rule that must be applied to the specific case, and measures the powers that the rule confers on the administration.

The principle of legality is an essential condition of the Rule of Law since both seek to limit the actions of the State in order to guarantee the rights and freedoms of citizens.

Legality as a value

Legality as a value is a set of beliefs, values, norms and actions that encourage the population to believe in the rule of law and reject injustices. Legality as a value allows us to appreciate the respect and interest of the legal system on the part of the people and those who apply the law.

Legality and legitimacy

Legality and legitimacy are 2 of the great concepts of Political Theory. They are fundamental concepts in a rule of law.

Legality is the positive law that makes up a State while legitimacy is the set of ethical principles supported by a people. Legality refers to who exercises power, that is, the sovereign, while legitimacy refers to the holder of power, that is, the subject. Legality creates obligation and legitimacy creates responsibility and recognition as correct and fair. Legality is the main guarantee of their right not to be mistreated and legitimacy is the foundation of their power of obedience.

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