Meaning of legal certainty
What is legal security:
Legal certainty refers to the certainty that the governed have, that is, individuals, that their person, their family, their belongings and rights are protected by the different laws and their authorities, and in case they have to take carry out a legal procedure, this is carried out according to what is established in the legal framework.
That is, legal security is the knowledge and certainty that the governed have of what is stipulated in the law as allowed or prohibited and, what are the procedures that must be carried out in each case, as established in the constitution and other regulations that make up the legal framework of a country.
On the other hand, if the right of any person or their belongings is violated, the State must guarantee the repair of this situation.
Therefore, legal certainty also refers to the certainty of law, that is, the predictability that individuals have when knowing and understanding what the rules are to apply and the legal consequences of their actions or actions on their person, belongings. or rights.
Through the certainty of law, it is about controlling, under the knowledge of the people, the freedom of action they have. That is, it is assumed that people, taking into account what the legal framework establishes as good or bad, will know what the consequences of their actions are, it is a way to regulate their freedom, but based on acting correctly without affecting to others.
Guarantees of legal security
The guarantees of legal security refers to the impossibility that all the laws or regulations that are established for the order, control, proper functioning and actions of the individuals are contained in a single document, such as, for example, in the constitution , then it is necessary that they be found in the other judicial regulations or legal statutes so that they are established avoiding uncertainty or defenselessness.
In this way, the rights and duties that correspond to all citizens are guaranteed, to which they must have access and knowledge.
Example of legal certainty
In each country the judicial regulations vary according to the needs and problems that must be solved and improved, therefore legal certainty varies in each case and according to the circumstances.
For example, the procedural code of a country may be subject to a general legal framework for the entire territory or it may vary by agency, province or district as appropriate.
In the event that there is a legal regulation that must be complied with for an entire territory, citizens, possibly, handle the information and know how they should act in a special situation and what to do according to the facts.
However, if the procedural code varies throughout the territory, then citizens should be aware of the laws or regulations that are established in their place of residence and in the other districts, in order to avoid falling into sanctions or non-compliance of the law due to ignorance.