Glossary / Constitutional Law

Ordinance-making power

In Swiss constitutional law, ordinance-making power refers to the competence to enact generally binding rules below the level of a statute. It may rest directly on the Constitution, be delegated by legislation, or concern implementation of existing laws. The principle of legality requires a sufficient legal basis, especially where ordinances affect rights or impose obligations. Courts and authorities examine whether the ordinance stays within the delegation, respects higher-ranking law, and preserves the separation of powers.

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