Principle of Legal Reasonableness
Constitutional, Regulatory and Interpretative Control Parameter
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When the legislator sanctions a rule, when the judge issues a sentence, or the administrator issues an administrative act, it is sought in all cases to generate the necessary means to achieve a desired end. In this process of normative creation or legal interpretation, there is usually more than one alternative to the same purpose. When the norm is reasonable, not only in itself, but also in relation to the whole legal system, only in this way can it be considered to be in accordance with the law and thus, fair ( Sapag Mariano A. (2008) The Principle of Proportionality and Reasonability as a c...
When the legislator sanctions a rule, when the judge issues a sentence, or the administrator issues an administrative act, it is sought in all cases to generate the necessary means to achieve a desired end. In this process of normative creation or legal interpretation, there is usually more than one alternative to the same purpose. When the norm is reasonable, not only in itself, but also in relation to the whole legal system, only in this way can it be considered to be in accordance with the law and thus, fair ( Sapag Mariano A. (2008) The Principle of Proportionality and Reasonability as a constitutional limit of the state: a comparative study. Di Kaion No. 17 Universidad de la Sabana. Colombia).
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