Post by account_disabled on Mar 12, 2024 6:26:40 GMT
As stated in article 9.1 CE, this principle binds both citizens and public authorities, although in a different way. Thus, the Constitutional Court has stated in its STC 101/1983 that while citizens have a general negative duty to refrain from any action that violates the Constitution, without prejudice to the cases in which it establishes positive duties (articles 30 and 31 , among others), the holders of public powers also have a general positive duty to carry out their functions in accordance with the Constitution .
The amnesty, by its nature, could generate a situation of arbitrariness or acting outside the legal framework , violating the predictability and certainty required by the legal system Email Data (being contrary, therefore, to the principles of legality and legal certainty). According to Joseph Raz , legality implies not only obedience to the law, but also the idea that the law should be able to guide the behavior of citizens. Legality permeates all aspects of daily life, from judicial decisions to artistic and philosophical representations. It is embedded in the fabric of society and, far from being a mere abstraction, it has tangible and significant effects in the real world. By recognizing its pervasiveness and tangible influence, we can better appreciate the importance of maintaining a robust, fair and effective legal system.
On the other hand, amnesty could be seen as a privilege for certain individuals or groups , breaking the mandate that all citizens are equal before the law.
III. Silence is not permission
Silence on amnesty does not necessarily denote permissibility. Just as Heisenberg 's Indeterminacy Principle suggests that we cannot simultaneously know the position and momentum of a particle, in Law, the absence of prohibition does not automatically determine permissibility . Lack of certainty in one area does not guarantee certainty in the opposite. In music, pauses or silences are as essential as the notes themselves. The absence of sound does not imply the absence of music.
Similarly, the lack of prohibition does not imply the existence of permissiveness. Likewise, Gödel's incompleteness theorem tells us that, in any coherent system, there will always be propositions that cannot be proven or disproved. In Law, this means that there will always be spaces that are not explicitly regulated, but this does not automatically make them spaces of free action . HLA Hart , in his work The Concept of Law , proposes the existence of penumbral zones where normative clarity fades. But, in these areas, ethics, morality and general principles of law take center stage to guide action. When faced with the legal vacuum, we are not faced with a blank check of permissibility.
The amnesty, by its nature, could generate a situation of arbitrariness or acting outside the legal framework , violating the predictability and certainty required by the legal system Email Data (being contrary, therefore, to the principles of legality and legal certainty). According to Joseph Raz , legality implies not only obedience to the law, but also the idea that the law should be able to guide the behavior of citizens. Legality permeates all aspects of daily life, from judicial decisions to artistic and philosophical representations. It is embedded in the fabric of society and, far from being a mere abstraction, it has tangible and significant effects in the real world. By recognizing its pervasiveness and tangible influence, we can better appreciate the importance of maintaining a robust, fair and effective legal system.
On the other hand, amnesty could be seen as a privilege for certain individuals or groups , breaking the mandate that all citizens are equal before the law.
III. Silence is not permission
Silence on amnesty does not necessarily denote permissibility. Just as Heisenberg 's Indeterminacy Principle suggests that we cannot simultaneously know the position and momentum of a particle, in Law, the absence of prohibition does not automatically determine permissibility . Lack of certainty in one area does not guarantee certainty in the opposite. In music, pauses or silences are as essential as the notes themselves. The absence of sound does not imply the absence of music.
Similarly, the lack of prohibition does not imply the existence of permissiveness. Likewise, Gödel's incompleteness theorem tells us that, in any coherent system, there will always be propositions that cannot be proven or disproved. In Law, this means that there will always be spaces that are not explicitly regulated, but this does not automatically make them spaces of free action . HLA Hart , in his work The Concept of Law , proposes the existence of penumbral zones where normative clarity fades. But, in these areas, ethics, morality and general principles of law take center stage to guide action. When faced with the legal vacuum, we are not faced with a blank check of permissibility.