Overbehörighet

Overbehörighet is a Swedish term that translates to "exceeding authority" or "overstepping one's mandate." It describes a situation where an individual or a body acts beyond the powers or responsibilities granted to them by law, regulation, or an established agreement. This concept is important in administrative law and public governance, as it relates to the legality and legitimacy of actions taken by those in positions of power.

When an authority or official exercises overbehörighet, their decisions or actions may be considered invalid or unlawful. This can lead to legal challenges, where a higher authority or a court may review the action and potentially annul it. The principle of legality dictates that all actions by public officials must be based on and within the scope of their granted powers. Overbehörighet represents a violation of this principle.

Examples of overbehörighet can range from a municipal official making decisions outside their jurisdiction to a government agency implementing policies not authorized by legislation. It is distinct from simply making a mistake; overbehörighet implies acting with a scope of power that was never intended or granted. Understanding and preventing overbehörighet is crucial for maintaining a system of accountable and lawful governance.