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Administrative law, No. 7: Principle of Legality of Administrative Action

This principle is an integral part of every constitutional state. Section 4.2.1 of the General Administrative Law Act and Section 1.1 of the Code of Administrative Procedure speak of protection against unlawful administrative acts.

This possibility of judicial review is necessary because it is the only way to guarantee that the administration acts in accordance with the law. Legality of the administration means:

 

  1. Priority of the law
  2. Preservation of the law

In other words, it can be stated as a general principle of a constitutional state that

  • acts of intervention are only permissible if they can be based on a legal provision and
  • no administrative act may contradict a legal provision.