Hovedbestemmelsene

Hovedbestemmelsene is a term used in Norwegian legal drafting to refer to the central provisions that establish the purpose, scope, and general rules of a law, regulation, or other normative text. They provide the foundational framework for interpretation and application, and guide how the rest of the text should be understood and enforced.

Typically, hovedbestemmelsene specify the law’s objective, the subjects or activities it governs, and the key definitions and overarching duties and rights of actors such as authorities and individuals. They frame fundamental principles, such as equality before the law or the protection of certain rights, and set out basic procedural arrangements. The detailed criteria, exceptions, and penalties are usually found in more specific provisions that follow the hovedbestemmelsene.

In terms of structure, hovedbestemmelsene are commonly found in the introductory sections of statutes or regulations. They establish the scope of application, general principles, and the core powers and duties of competent authorities. By delineating the general rules at the outset, they provide a reference point for the interpretation of subsequent sections and for evaluating compliance and enforcement.

The concept is applied across national laws, regulations, and international agreements implemented domestically. Hovedbestemmelsene aid legal certainty by offering a coherent starting point for understanding the rule’s aims and reach, and they are often considered together with preparatory works and jurisprudence when assessing legislative intent and practical effect.

In practice, the hovedbestemmelsene are complemented by implementing provisions, schedules, and regulations that fill in concrete details, procedures, and sanctions.