Lexipedia

Rule of law

The rule of law requires public power to be based on law, applied predictably, reviewed independently, and constrained by fundamental rights.

The rule of law means that the state acts through and under law rather than arbitrary will. In the Swiss context it includes legality of administrative action, separation of powers, access to independent courts, proportionality, legal certainty and respect for fundamental rights. It also requires laws to be sufficiently clear and applied consistently, while allowing democratic change through proper procedures. Comparatively, the concept overlaps with the German *Rechtsstaat* and French *État de droit*, but terminology and emphasis differ. The principle does not guarantee a particular policy outcome; it sets conditions for legitimate law-making, enforcement and adjudication.