Articulos 14 Y 16 Principio De Legalidad

The main thing that the law pursues is to regulate the behavior of individuals in society. For this reason, our supreme law discloses in its content a variety of legal principles whose purpose is to protect our maximum values as a person, principles such as: life, liberty, equality, work, education, property, association, freedom of religion, expression among many others. On this occasion, we will inform you about “The principle of legality of Article 16 of the Constitution”. In order to avoid the adoption of manifestly unconstitutional administrative acts, it is therefore proposed that sovereignty reform Article 38, Section II, of the Federal Tax Code so that it provides for the obligation for the administrative authority to specify the basis of its competence on the basis of subjects, grades or territories. since that provision, as drafted, favours the adoption of acts which, in the absence of such data, place the individual in a state of legal uncertainty, since, if formulated only with those requirements, they are unlawful, as has already been provided for by the Supreme Court of the Nation, when it is found that administrative acts aimed at respecting the guarantee of legality provided for in Article 16 of the Constitution, They must include, inter alia, the legal basis on which the authority responsible for adopting them supports its competence. Therefore, those of art. In paragraphs 14 and 16 of the General Constitution of the Republic, the guarantees of legality and legal certainty contain the obligation that any administrative act, whether harassment or withdrawal, must be performed by the person expressly authorized to do so, indicating in the act itself as an essential formality conferring legal effect on it: the device or devices conferring the competence of the person, which he manifests, legitimate and the capacity with which he acts, whether he does so himself, in the absence of the owner of the corresponding entity or by delegation of powers. In accordance with the above, one of the principles to be observed, especially when issuing a norm, is that which refers to the legality that governs the actions of authority, which is one of the fundamental foundations of the rule of law, whose modern origins can be found in the thought of philosophers and jurists of the Enlightenment. for whom the law was the expression of the general will, reason and sovereignty, so that official acts had to be subject to it. The principle of legality, which arose from the legal life of the content of article 16 of the Mexican Constitution, stipulates that the acts of the authorities must be carried out within the framework of their legal powers and that no one may be disturbed in his person, family, residence, papers or property, except on the basis of a written order from the competent authority, which justifies and justifies the legal cause of the proceedings. PRINCIPLE OF LEGALITY. CHARACTERISTICS OF ITS DUAL FUNCTIONALITY IN THE CASE OF THE ADMINISTRATIVE ACT AND ITS RELATIONSHIP WITH THE MULTIFACETED PROHIBITION OF ARBITRARINESS AND JUDICIAL REVIEW. Article 16, paragraph 1, of the Political Constitution of the United Mexican States refers to the requirements of the written order, the competent authority and justification and justification as instrumental guarantees, which in turn reveal the adoption of the principle of legality in the national legal order as a guarantee of the human right to legal certainty.

According to this, the authorities can only do what the laws expressly authorize them to do, provided that they in turn constitute the manifestation of the general will. In this case, this principle has a twofold functioning, in particular in the case of the administrative act, since, on the one hand, it prescribes a system of express powers in which any authorizing act that does not constitute the exercise of a power expressly conferred on the issuer by law is considered arbitrary and therefore violates the right to legal certainty – which legitimizes individuals: to call into question the validity of an act for reasons consistent with the law, but on the other hand, assuming the same principle as the foundation of the whole system, it follows that any act of the authority results from the exercise of a power conferred on it by law, unless proven otherwise, the presumption of legality is widely recognized both in doctrine and in national legislation.


Comments are closed.