Glossary / Administrative Law

Scope of judicial review

In administrative matters, the reviewing court’s powers depend on the applicable procedural law and the type of decision challenged. Swiss courts commonly review legal errors, including competence, procedure, interpretation of statutes and constitutional rights. Review of facts may be broad or limited, depending on the instance. Discretion is generally controlled for abuse, excess, arbitrariness and proportionality, while courts often defer to specialised administrative assessments. The scope of review matters because it determines the appellant’s arguments and the possible outcome.

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