Principle of legality

What is the principle of legality?

The principle of legality is a legal principle that means that any exercise of a public power must be carried out in accordance with the current law and its jurisdiction, not according to the will or discretion of the people.

This implies that:

1. Clear and accessible laws: This avoids arbitrariness.
2. Respect for individual rights.
3. Protection against abuse of power or acting arbitrarily by the authorities.
4. Separation of powers: means that the legislative branch must be independent of the executive branch and the judicial branch.

Thus, this principle is essential to guarantee a rule of law in which all citizens can live under a clear and fair legal framework, which provides legal certainty and protects individual rights and freedoms, avoiding abuse of power and arbitrariness in the actions of the government and authorities.

Related concepts

• Principle of autonomy of will
• Retroactivity
• General principles of law
• What does it mean for a contract to be «legal» and «legally binding»?