SEGURIDAD JURÍDICA Y RACIONALIDAD.

Abstract

Legal certainty is one of the most important principles of law, and it stems directly from the rule of law. Hence, even if it is not expressly mentioned, legal certainty will exist as a legislative principle.   Like any principle, legal certainty cannot be defined quickly. It consists in a prima-facie reason that must be applied by the courts to specific factual and legal situations, through rational deliberation.  Deliberation and rational argument are thus the instruments available to the judiciary for concretizing legal certainty, without contradicting legislation.    Ideological concretion, patterned into pre-established values, is not a valid way of concretizing legal principles, including the principle at issue.   Deliberation, rationality, will be the legitimate form of concretion. Not only must case law be rational in order to attain legal certainty, but the administration must also be rational when it interprets legislation, and legislators must be rational when they create laws.  Rationality imposes a withdrawal from utter arbitrariness. Limits, in the name of rationality, exist in all spheres of power. Legal certainty is largely based on this fact, and important fundamental personal rights are founded on it as well.