Prohibition of excessive formalism
A procedural principle preventing authorities from applying formal rules so rigidly that access to justice becomes unjustifiably impaired.
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.