Paul Johann Anselm von Feuerbach established this principle in criminal matters on the basis of the maxim nullum crimen, nulla poena sine praevia lege, i.e. for conduct to qualify as a crime, it must be described as such before committing such conduct, and the penalty imposed must be determined in advance by law. The principle of legality is to give priority to the law over any activity or function of public authority. The principle of legality is to ensure and protect legal certainty. Although it is used throughout the legal system, it is gaining importance in the areas of criminal law, administration and taxation. On the basis of the general principle of legality, we find some variants and specifications of this: This relationship between the principle of legality and that of the preservation of rights is usually established – in a democracy – in the so-called legal system and receives special dogmatic treatment in constitutional law, administrative law, tax law and criminal law. Serve a sentence to those involved in the sentence to resume the crime that may have been born. This is one of the principles on which administrative law is based, that is, the one that applies to public administration. The principle of legality is known as the supremacy of the law over any activity or function of public authority. This means that everything that emanates from the state must be regulated by law and never by the will of the individual. In the context 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 separation of powers, according to which the public authority is divided into bodies having specific and limited functions for each of them.
-Principle of fiscal legality. It therefore appears that only a rule of law of a legal nature can determine the basis of the tax obligations. That is, only the latter can delimit who is faced with the payment of the same, on what data, through which system, the actions that are classified as violations, and even what will be the sanctions for their commission. In democracies, the principle of legality is protected by the separation of powers. There is a legal system that prevents the power that interprets laws from being the same as the one who proposes or executes them. Otherwise, a government that drafts laws at will and is also directly responsible for monitoring compliance with them will always be within the framework of the principle of legality, even if it commits abuses, since laws will be mere governmental instruments. In the case of Spain, the principle of legality is contained in the provisional title of the 1978 Constitution. Thus, Article 9 on the principles of the legal order 9.3 sets out the one in question. In particular, it should be noted that it is fully guaranteed, as are these others: the main application of the principle of legality in administrative law lies in its power to impose penalties. This implies that the attribution of the public administration to the sanction can only be achieved by laws.
The principle of legality is a fundamental principle used by most States, according to which any exercise of official authority must be carried out in accordance with the applicable law and its jurisdiction, and not with the will of the people. If a state adheres to this principle, then the actions of its powers would be subject to the Constitution and the current state or rule of law. -principle of legality of registration. It is stated that each document that you wish to enter in the register must first be checked in order to be verified and therefore to verify that it is valid and perfect. According to the principle of legality in criminal law: In tax law, due to the principle of legality, each individual element of the tax liability can only be defined by a legal norm of a legal nature, i.e. the taxable event, the taxpayers, the system or basis for determining the taxable event, the date of payment, violations, penalties and exemptions, and the legalized body to receive payment of taxes. The Latin maxim nullum tributum sine legem states that to be considered as such, a tribute must be contained in a law, otherwise it is not a tribute. At present, on the other hand, it is assumed that it is the law that conditionalizes and positively determines the administrative act, which is not valid if it does not comply with a valid normative provision. The principle of legality then acts as a prior legal cover for any power: if the administration is with it, its actions are legitimate (doctrine of the positive link). [1] The importance of the principle of legality is undisputed in all areas, but in particular in administrative law. Among other things, because the administration must adhere to a hierarchical legal system according to this principle. In general, this implies that all public authorities and citizens are subject to the law and can only do what is allowed or not prohibited by law.
The principle of legality is combined with other general principles of law. Although its scope is determined by the constitution of each country, criminal law is generally based on the principle of legality. In this way, it is established that a criminal offence can only be considered as such if the law expressly provides for it. Thus, the principle of legality prevents a person from being arbitrarily accused and convicted of a criminal offence. In its initial approach, the public administration could not act on its own authority according to the principle of legality, but by applying the legal content. This was due to a strict interpretation of the principle of separation of powers, which had its origins in the French Revolution. The principle of legality, as well as other general principles of law, constitute the origin and basis of the rules. General principles take precedence over other sources of law. They are the basis of positive law.
Content: the elements that make up the principle of legality. On the one hand, it can be examined taking into account the literal content of legality from a formal point of view and its material significance: -Principle of administrative legality, which is responsible for ensuring that each of the acts, decisions and measures taken by the administration is subject to the law. In a broader sense, the principle of reservation of rights is the set of rules whose regulation concerns only parliaments and which must be defined in the form of laws. /December). “Principle of legality”. Revista Española de Derecho Constitucional (Madrid: Centro de Estudios Políticos y Constitucionals) (39): 9-42. It is considered that legal certainty requires that the actions of those to whom the public authorities belong be subject to the principle of legality. The principle is sometimes considered the “golden rule” of public law and is a necessary condition for confirming that a state is a state governed by the rule of law, since power has its basis and limit in legal norms. In close connection with this principle, the establishment of the reservation of rights obliges to regulate the concrete matter with norms that have the status of law, in particular questions relating to the interference of public authority in the field of the rights of the individual.
Therefore, these are matters prohibited by the rules and regulations issued by the executive. The reservation of the right with respect to the exercise of rights to Parliament reflects the liberal doctrine of separation of powers. Criminal legality is thus a limit on the punitive power of the state in the sense that only conduct that has been expressly designated as a crime in a law before the offence was committed can be punished. A leader cannot act in this way in a way that contradicts the provisions of the Constitution that compiles the essential norms of the state.