Scope of judicial review
The scope of judicial review defines which aspects of an administrative act a court may examine, such as legality, facts and discretion.
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.