Glossary / Fundamental Legal Principles

Prohibition of denial of justice

The prohibition of denial of justice protects access to effective legal protection. In Swiss public law it covers formal denial, where an authority refuses to decide despite competence, and material or delayed denial, where it fails to act or handles a matter so deficiently that rights cannot be enforced. The principle does not guarantee success on the merits, but it requires a competent body to examine admissible requests and issue a decision where the law calls for one. Remedies may seek an order compelling action or decision.

Defined in law

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Discussed in decisions

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