Lexipedia

Legitimate authority

Legitimate authority is power that is accepted as rightful because it rests on lawful competence, democratic justification or other recognised grounds.

Legitimate authority asks why a person or institution may issue binding rules or decisions. In Swiss public law, legitimacy usually combines legal competence, democratic processes, federal and cantonal allocation of powers, procedural fairness and respect for fundamental rights. A measure may be formally valid yet politically contested; conversely, social acceptance alone does not replace legal authority. The concept is important for constitutional law, administrative action, judicial independence and international or supranational norms that influence Switzerland without being produced by ordinary domestic legislation.