legalitat

Legalitat is a term derived from Latin for the quality of being legal or lawful. In philosophy and legal theory, it is used to denote conformity to enacted law, formal rules, and procedural norms. In English, the closest equivalent is legality. The concept emphasizes the existence of valid authority and the requirement that actions and decisions align with the established legal framework.

In its theoretical applications, legalitat underpins the rule of law and constitutionalism. It concerns how state power is exercised within the limits set by law, and how officials must operate within recognized procedures. Legalitat is often contrasted with legitimacy: legality refers to rule-conformity, while legitimacy concerns normative justification and political acceptance by the governed. Thus, something can be legal but not politically legitimate, or vice versa.

Historically, discussions of legalitat appear in debates between legal positivism and natural law. Positivists treat legality as a matter of formal validity and recognized sources of law, independent of moral content. Natural law theorists, by contrast, argue that law’s legitimacy includes moral considerations beyond mere rule-following. In practice, contemporary discussions of legalitat focus on due process, non-arbitrariness, and the lawful basis for administrative and judicial actions.

Related concepts include the rule of law, legal validity, and the distinction between legality and legitimacy. Applications range from constitutional interpretation and administrative decision-making to international law and human rights, where legality provides a baseline for evaluating government conduct and legal reforms.