Legalitets

Legalitets is a term used in law and political theory to denote the principle of legality—the idea that government actions and sanctions must be grounded in and authorized by law. It represents the constraint on public power and the predictability of legal outcomes, reinforcing that rules are publicly promulgated and applied equally. In practice, legality requires that agencies act within their authorized powers and that individuals can anticipate legal consequences from their conduct.

In criminal law, the principle of legality requires that conduct be defined as a crime by law before punishment can be imposed, and that penalties are prescribed by statute. This is often expressed through phrases such as no punishment without law. In broader constitutional and administrative contexts, legality means that administrative decisions and police actions are lawful, proportionate, and subject to review by courts.

Legalitets is distinct from legitimacy—the latter concerns whether authority is perceived as rightful or accepted by the governed. A government can be legitimate without always acting in accordance with the letter of the law, and a legal act may be criticized on political or ethical grounds.

Usage and variation: the term appears in German as Legalitätsprinzip, and in Nordic and other European legal literature in cognate forms such as legalitet or legalitets. It is foundational to the rule of law, human rights protection, and due process.

See also: rule of law; principle of legality; legitimacy; criminal law; administrative law.