Lexipedia

Principle of legality

The requirement that state action must rest on a legal basis, respect the hierarchy of norms and remain within powers granted by law.

The principle of legality means that public authorities may act only on the basis of law and within the competences it grants. In Switzerland it is central to the rule of law: restrictions on rights, taxes, sanctions and administrative measures normally require a sufficiently clear legal basis. The stricter the interference with individual interests, the more precise and accessible the legal basis must be. The principle also requires respect for superior law, proper delegation and predictable application, while leaving room for discretion where the law lawfully grants it.