The principle of legality consists in giving precedence to the law over any activity or function of public authority. Some of the acts that have taken place in our homeland are disturbing. They dispute the principle in question, believing that 44 is a number greater than 84; believing that imposing the whims of a crowd of exalted fanatics is a manifestation of popular sovereignty; To believe that the democratic will consists in imposing the whims of those responsible without respecting the rules imposed by a State governed by the rule of law is clumsy, whether it is a question of a lack of understanding of things, the inability to have ideas, to form concepts and to make reasonable judgments. Because the fanatic acts out of emotions and not for reasons. The importance of the principle of legality is undisputed in all areas, but especially in administrative law. Among other things, because the administration must adhere to a hierarchical legal system according to this principle. The principle of legality is to guarantee and protect legal certainty. Although it is used throughout the legal system, it is gaining importance in the criminal, administrative and tax fields. This is one of the principles on which administrative law is based, that is, that applicable to public administration. In general, this implies that all public authorities and citizens are subject to the law and can only do what is or is not prohibited by law.
The principle of legality is linked to other general principles of law. All actions that produce legal effect, that command, permit or prohibit something, must be carried out in accordance with the rules laid down by law, that is, in accordance with the provisions of the Constitution. The law is the shield, the shield that protects the citizen from the excesses, whims or arbitrariness of the authority of those who exercise the command conferred by the sovereign power, the people. This is the principle of legality, which generally implies that all public authorities and citizens are subject to the law and that they can only do what is permitted and refrain from doing what the law prohibits. The principle of legality is linked to other general principles of law. At the same time, it legitimizes the actions of the state by subjecting it to the same laws as citizenship. Montesquieu tells us that the principle of democracy degenerates not only when the spirit of equality is lost, but when it usurps the same principle, that is, when everyone wants to be equal to those he himself has chosen to send him. Thus, the people, who cannot or cannot at all obey the power they have given, want to do everything themselves, advise for Congress, execute for judges, invade all offices and remove all judges. The principle of legality, as well as other general principles of law, is at the origin and basis of the rules. General principles take precedence over other sources of law. They are the basis of positive law.
According to the principle of legality in criminal law: The main application of the principle of legality in administrative law lies in its power to impose sanctions. This implies that the assignment of the public administration to the sanction can only be made by law. In a broader sense, the principle of reservation of rights is the set of provisions whose regulation concerns only parliaments and which must be defined in the form of a law. Within the framework of the principle of legality, it acts in conjunction with the principle of the general interest, according to which the private interest must give way to the public or social interest, and with the principle of the separation of powers, according to which the public authority is divided into bodies with specific and limited functions for each of them. And it is that this crudeness of arrogance and cynicism is like a disease, like an epidemic virus, of which for periods are victims those who have a great vocation as dictators, they are inoculated out of sympathy in chains of satraps who have inflicted catastrophic evils on their peoples, the signs of those who are affected by this evil, are: 1. A populist discourse, 2. An absolute contempt for the constitution, the rule of law, 3. A sickly love of power, 4. A contempt for political liberalism, and, 5. A pronounced degree of megalomania and messianic complex.
In the first case, the emergence of the modern state was still in its infancy; With the thought of Sieyès, Diderot, Voltaire and other political philosophers who promoted the French Revolution, liberalism, the separation of powers, guarantees of human rights and the rule of law were consolidated, thus consolidating the republican system. At the same time, it legitimizes the actions of the state by subjecting it to the same laws as citizenship. Hence the various guarantees of the judicial system in the criminal aspect. A wheel of tipots occupied we were circling around a track to play “the tencha”, three rounded holes with the heel of our bare feet and a starting line from which we threw our mouths at the first hole, a comrade threw a ball of steel, the rest of us revolted, – it`s not worth it – it`s unfair because it breaks the mouths of others and we can`t do anything – it`s not worth it Because it`s illegal -, -It`s not enough, I don`t play anymore. And the protests continue in this chorus of Chigüines. Without having an idea of what law or justice is, it is normal that since childhood it is claimed that it must be in the game with the same rules, that no one imposes advantages on others, we understand this as fair play. Democracy will be dead, a victim of the freedoms it proclaims. Thus, from a fiscal point of view, it excludes certain sectors and matters from administrative regulation and acts as a technique protecting the rule of law. For example, the creation, modification and abolition of taxes can only be done by law. On the other hand, the administration can dictate its own rules, always within the limits established by law. Unfortunately, in our Latin America, a pandemic is the virus called “I am the State”, as Louis XIV described it.
was introduced when the deposit of the sovereignty of the State was enlightened, and the enlightened of the moment were of the criterion that the sovereign was the “regnum”, that is, the State and not the “regis” or sovereign, and that he was an absolute monarchy, He gathered in his hands the administrative and legislative functions and the judges depended on his appointment and answered him, nothing escaped his power, bastion of his authority, and for his constancy in power was a standing army, with reciprocal loyalty to the monarch and not to the state or nation; Later, Hitler also controlled all powers in a despotic totalitarian regime and asked his powerful army to swear allegiance not to the German state, but to him, to the dictator. The loyalty of the armed forces must be to the homeland and the constitution. It is therefore necessary to avoid certain excesses that have caused confusion, uncertainty and pessimism about the future here in our country, because the signs do not bode well for peaceful and harmonious coexistence, there are certain social imbalances that can be resolved with respectful and strict respect for the law and its firm and transparent implementation through measures. that do not destroy confidence in the peaceful and optimistic coexistence of peoples. A better future.
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