Principio De La Legalidad En Mexico

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The principle of legality must be understood as the obligation of the State to guarantee to all the exercise of their fundamental rights, such as the right to life, health, property, the exercise of freedom of expression, the freedom to choose a profession and all the guarantees described in the first articles of the Supreme Charter, which constitute its dogmatic part or its fundamental rights. This is one of the principles on which administrative law is based, that is, that applicable to public administration. In order to promote a culture of legality, it is important to start from these principles: According to the principle of legality in criminal law: the fair weighting of each axis is explained by the model of competence action that we promote in MUCD to promote a culture of legality, as they are important in civil society and legal action, both the knowledge of the laws and rules of coexistence and the capacity for action of people. The principle of legality consists in giving precedence to the law over any activity or function of public authority. The direct consequence of this is that everything that emanates from the state is regulated by law and not by the will of the individual. 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. At the MUCD, we believe that one of the most important ways to stop the phenomenon of insecurity and promote collective well-being is to strengthen the rule of law. This can be achieved if everyone follows the rules and encourages others to follow them. Therefore, our efforts to promote and practice a culture of legality are aimed at providing people with elements that promote the acquisition of knowledge, so that they change attitudes and develop skills that encourage their voluntary participation in different areas of their daily lives and with the authorities.

The principle of legality applies to all persons and they must be understood as natural and legal persons. The legality culture index is constructed from these three axes. Each has a fair weighting, which, when weighted, results in a valuation ranging from zero to ten, zero being the worst-case scenario in the culture of legality and ten representing the optimum. 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, 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. 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. This exercise of the State, in which it must guarantee the legality of the fundamental rights of every Mexican, must be subject to a legal framework, that is, exercise its function in accordance with the directives of the laws, codes and regulations deriving from the Constitution. Therefore, the principle of legality applies to all, and it is necessary to ensure that the State fulfills its constitutional obligation. The culture of legality is the shared belief that every human being has an individual responsibility to contribute to the building and maintenance of a society based on the rule of law.

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. The transcribed article refers to the fact that all disputes, all situations in which a person, natural or legal, is involved in his field of justice, must be accompanied by the State, the judiciary being responsible for the settlement of such disputes, provided that the State, in its establishment as a court, must comply with certain conditions (guarantees of security and legality), in order to grant the data subject the waiver of his or her violated rights. The culture of legality of a particular society « is the set of beliefs, values, norms and actions that encourage the population to believe in the rule of law, to defend it and not to tolerate illegality » [1]. It serves as a criterion for assessing the degree of compliance and compliance with the applicable rules by its applicants and recipients. In Mexico, the principle of legality is enshrined in the Political Constitution, in several of its articles, such as article 14: In civil proceedings, the final judgment must correspond to the letter or legal interpretation of the law, and failing that, it will be based on the general principles of law.

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