The principles of law are a group of fundamental ideas that provide information about the way in which a country is legally organized, they are those that have the function of making sense of the legal legal norms that exist in a society . There are several types of principles of law and among them we find legal security , one of the most important components within a democracy .
The legal certainty can be defined as a party of democracy and as the certainty that you have before a right which exists in the publication and in the knowledge of law as well as its application in society.
- What does it consist of
- Characteristics of legal certainty
- Relationship with jurisprudence
- Legal certainty by country
- Examples of legal certainty
What does it consist of
The legal certainty is the certainty that individuals be properly governed , in other words, the person, their families, items of a personal nature and rights enjoy the protection by the authorities and laws . It is the assurance that, if a legal procedure is needed , this process will be carried out following what has already been established in the legal framework .
It is also the certainty of law which means that individuals have predictability to know and understand all the rules that must be applied, as well as the possible consequences within the legal framework that their actions could cause either on their rights, belongings or person.
Characteristics of legal certainty
Among its main characteristics we find the following:
- It is a kind of principle of law .
- It is based on the certainty of the law .
- There is a guarantee for the individual that their property , rights or person physical shall not be violated.
- The law is always accessible , intelligible , predictable and also clear .
- It can be attributed to any type of legal system .
- The State is responsible for promoting the laws and their regulations among the inhabitants and in public institutions.
- You can foresee the result that will come from the actions of seconds, also knowing the possible consequences that may arise.
There are no different types of legal security registered.
The guarantees of legal certainty imply that, given the impossibility that the laws or regulations that are founded to maintain order, control and proper functioning of the actions of individuals are grouped in the same document , it is necessary that they be create judicial regulations or statutes of a legal nature in order to make the laws well established, thus avoiding confusion or uncertainty. Then, it can be said that guarantees are responsible for being able to give guaranteethat the duties and rights of citizens will be easily accessible and known.
Relationship with jurisprudence
We understand by jurisprudence the group of judgments and resolutions of a judicial nature that are issued by judicial bodies, then, the relationship it has with jurisprudence is based on the fact that it is through legal certainty that the individual who faces a judgment has the capacity and the benefit of being able to safeguard their life , their rights and their property , avoiding that they are violated at any given moment.
Legal certainty by country
- Mexico : here, legal security gives individuals the possibility of being protected by the laws in all procedures that are of a jurisdictional or administrative nature. It also includes security in the event of having to appear in court.
- Colombia : in Colombia, legal security is part of positive law because it is seen as a principle that must be related to a specific issue. It also covers all the public and private space of society.
- Argentina : here, legal security is seen as an essential quality for life in society and for the proper development of the nation and the individuals that are part of it. It emphasizes the rights and duties of citizens and limits and determines all the powers that the powers of the republic have.
- Spain : in Spain, legal security is established through different norms and is guaranteed by article 3 of the Spanish Constitution of 1978. It is mainly associated with property rights ,private contracting , with the way in which the courts and laws .
- Chile : in this country, legal certainty is regulated by means of article 7 of the Political Constitution, which establishes that no person, magistracy, or person can claim more rights or authority than is already established in the Constitution. In addition, article 8 establishes that no person can ignore the law after it has been promulgated.
Legal security is very important because it is responsible for ensuring that citizens have the confidence of knowing that their property and person is respected by following the laws already established. It is through legal certainty that citizens and companies are able to understand the legal and legislative framework , which at the same time produces adequate levels of trust.
Examples of legal certainty
Some examples of legal certainty are mentioned below.
- The procedural codes of the countries which are subject to a general legal framework for the entire country.
- The procedural codes that are established by province or district .
- The practice of preventive justice that ensures that different businesses are law – abiding.
- Assured that judges have the ability to apply a justice of such corrective or punitive .