Lexipedia

Concrete norm control

Concrete norm control reviews the legality of a norm as part of deciding an individual case in which that norm is applied.

Concrete norm control arises when a court or authority must apply a legal norm to a specific dispute and a party argues that the norm conflicts with higher law. In Switzerland, the reviewing body may disregard or interpret a subordinate norm consistently with superior law, depending on competence and the type of norm. Federal statutes occupy a special position because ordinary courts generally cannot refuse to apply them solely for unconstitutionality. The mechanism protects individual rights and hierarchical legality, but its effect is often limited to the case unless a competent body later amends or annuls the norm.