The general principles of law are inspired, for example, by social equality, justice, freedom and equity.
General principles of law provide the basis for the development and implementation of various systems of law . They consist of rules or provisions focused on the nature of something and respect for human beings that aim to form a legal system based on the idea of guaranteeing equality before the law and justice .
The purpose of these guidelines is to contribute to the act of interpreting positive law , to function as a lighthouse when establishing legal norms or laws and to be useful in the event of any legal gap that is detected.
It is important to keep in mind that there are dozens of principles , although they are segmented depending on the type of law on which they focus.
General principles of public law
The general principles of public law concentrate criteria associated with the organization of the State , the structure of public power and the link between the state sphere, both with the private sphere and with the citizens of a nation.
The so-called principle of transparency takes center stage in this framework, an issue that focuses on promoting clear and transparent public management with public powers that duly inform the population about decisions, use of resources and other data derived from the activities of officials. .
In more than one rule of law , the so-called principle of legality is also taken into account. This content grounds and limits public power, exalts the value of the Constitution and guarantees that legal certainty exists in practice in order to organize society around laws. This principle, in territories where there is democracy , is protected through the modality of separation of powers . Thus, then, tasks are divided: the Legislative Branch is in charge of formulating laws; The Executive Branch assumes the responsibility of promulgating and executing them after being approved by Congress and the Judicial Branch must interpret the current legislation and enforce it.
Principles that guide the legal process
The principles that guide the legal process are several. Among them is due process , which is aimed at obtaining an equitable and fair result by giving the individual involved guarantees and respect for their rights . Along with it, the right to defense is enforced, accessible to groups and people, both legal and natural, so that, fully enjoying the guarantees of equality , they have the chance to appear before a court of justice in order to be able to defend themselves against the charges against them.
Another relevant issue has to do with the presumption of innocence of any subject investigated or involved in a criminal case. It is one of the fundamental rights of people: in this case, until someone's guilt is proven with a final sentence, they will be treated as innocent.
The burden of proof (based on the obligation to prove or prove certain facts or claims), the principle of publicity of judicial proceedings (which authorizes access to information linked to the progress of procedural acts without it being a requirement to intervene or participate in the process) and the principle of orality (which gives a prominent role to speech, that is, to oral statements within the framework of a procedural act) are also essential in this area. Nor should we ignore the principle of double instance , the principle of non bis in idem , the principle of res judicata or the principle of effective judicial protection .
The principle of equality before the law promotes that all human beings are treated in the same way by the laws, without discrimination or privileges of any kind.
General principles of law at the international level
The general principles of law at the international level focus on values, human rights and the well-being of humanity.
There is a statement, called the principle of universal jurisdiction , that grants a certain State the power to prosecute and punish someone who has committed one or more crimes regardless of the nationality of the victims and perpetrator and where the offense was committed. .
The principle of international solidarity , meanwhile, is combined with the principle of international cooperation with the purpose of being able to extend collaborations beyond borders and strengthen ourselves in the face of global problems.
The principle of non-intervention (aimed at preventing a State from intervening in difficulties or issues of another nation), the principle of self-determination of peoples and the principle of respect for human rights are other precepts available to human beings.
Principles linked to criminal law
Among the principles linked to criminal law, we can mention the principle of criminal legality (an episode cannot be classified as a crime if a law that has contemplated it is not previously in force), the principle of non-retroactivity (if an event is classified as a crime, it is can judge through the law in force but it is not possible to go back in time to condemn something that, at the time, was not understood as an infraction) and the principle of minimum intervention (reduces the mediation of law to the indispensable minimum). penal).
The principle of guilt , the principle of humanity , the principle of territoriality and extraterritoriality and the principle of in dubio pro reo are also taken into consideration.
In a democracy, transparency, equality, fundamental freedoms and citizen participation in the election of their representatives should always be guaranteed.
Other notable principles of law
Other prominent principles of law are deployed in the branches of environmental and tax law , civil law and administrative law .
The principle of sustainability as part of policies aimed at protecting the environment and promoting care for the planet, the principle of autonomy of will that establishes the foundations of private law and the principle of the social function of property .
From a comprehensive but profound legal perspective that is internalized in other general guidelines of law, it is possible to discover the existence of the principle of subsidiarity , the principle of consistent interpretation and the principle of procedural loyalty , for example.