hjemmelen

Hjemmelen is a Norwegian term used to describe the legal basis or authority for a public body to act. In public law, decisions, regulations, and administrative measures must rest on a valid hjemmel—typically found in statutes, ordinances, or other legal instruments that grant power to act. The hjemmel can be explicit, stated directly in the law as “hjemmel i lov” or “hjemmel i forskrift,” or it can be established through delegation of authority (fullmakt) from a higher authority.

The concept serves to ensure legality, predictability, and accountability in public administration. By tying each act to a recognized legal foundation, it limits discretionary power and clarifies the permissible scope of action. A lack of proper hjemmel can render a decision invalid or subject to legal challenge, since the authority to act would be considered absent or exceeded.

In practice, the hjemmelen is assessed by examining the relevant legal texts to determine whether the proposed action falls within the allowed purpose, scope, and conditions. Administrative authorities must also consider proportionality, due process, and other safeguards when applying their hjemmel. The term is used across various domains, including planning and building, taxation, social services, and policing, where statutory bases are routinely cited to justify administrative decisions.

Related concepts include hjemmelsgrunnlag and delegated authority, which describe how statutes confer power and how that power may be distributed within public administration. Understanding hjemmelen helps both decision-makers and the public evaluate the legality and legitimacy of government actions.