Prohibition of excessive formalism
The prohibition of excessive formalism is a Swiss expression of fair procedure and good faith. Formal requirements such as deadlines, signatures, forms and substantiation serve legitimate aims, but their application becomes unconstitutional when it is an end in itself, disproportionate or unexpectedly harsh. Authorities may be required to allow correction of obvious defects, interpret submissions reasonably or warn laypersons in suitable cases. The principle does not excuse neglect of clear procedural duties, especially for represented parties, but it prevents empty formalism from defeating substantive rights.
Defined in law
No legal definition reference has been curated for this concept yet.
Discussed in decisions
No decision discussion has been curated for this concept yet.