The concept of principle of reasonableness is used to refer to a criterion that allows regulate the exercise of Rights. The notion refers to the need to ensure that the logic and the common sense prevail at the time of the application of the rules.
On the ground of labor law, the principle of reasonableness contributes to avoid abuse by workers and employers. For example: the law guarantees that an employer can fire an employee if he or she commits an offense, but does not allow taking any type of offense as an excuse for the unilateral termination of the employment contract.
Faced with a conflictive situation, therefore, a judge has to abide by the principle of reasonableness and assess whether the employer abused his right by firing the worker or whether, instead, the exercise of said right resulted reasonable.
Without the principle of reasonableness, a company owner could fire an employee who does not like him by resorting to a meaningless argument, feeling protected by the law. The principle of reasonableness, on the other hand, prevents you from taking advantage of your can to make an arbitrary and unfair decision.
In a broader sense, the principle of reasonableness points to all laws being according to the spirit that has the Constitution national. In other words: the rules and regulations cannot contradict what is established by the Magna Carta.
The principle of reasonableness is currently defined as the result of an extensive jurisprudence. It is applied in most Western societies, analyzing in each case the particularities that merit its invocation.
At this point, it is necessary to make a clarification regarding the relationship between the concept of the principle of reasonableness and that of proportionality, which are often confused. Although both have points in common, since they share the goal of fighting against arbitrary decisions in detriment of the rights of an individual (such as being an employee who is fired for no apparent reason), studied in detail, it can be defined with certainty that they are not two synonyms.
In the United States, for example, the concept of proportionality principle It does not seem to hold if we leave the field of Criminal Law, since there the reasonableness has a much greater scope than in other countries in terms of control public powers refers, starting from the correct app of the laws.
Despite this, there does seem to be a link between these two principles. This occurs because the concept of reasonableness includes in its definition that of proportionality, as a manifestation or consequence of it through which it is possible to determine whether a state act is the most appropriate from a legal point of view to achieve a goal determined.
Regarding the relationship that exists between the principle of reasonableness and the Constitution, the experts assure that for the culture Anglo-American, the pillar on which its constitutional systems are sustained is precisely reasonableness, understood in part as everything that can be considered reasonable or proper to common sense for any person. Above we speak of an unfair dismissal as a measure that deviates from this principle, precisely because firing someone for arbitrary reasons does not seem reasonable to anyone, regardless of the underlying interests.
This leads us to the very birth of constitutionalism, which was not based on abstract questions far from the way of thinking of the people, but quite the opposite: the laws seek to protect the people by officially expressing what we all believe to be fair and reasonable, or at least what he system He wants us to see it that way.