lagagrundvöllur

Lagagrundvöllur is a term used in Icelandic legal discourse to denote the foundational legal basis for administrative action and regulatory measures. It refers to the sources of legal authority that justify government decisions, including statutes, the constitution, and delegated regulations, as well as general principles of law.

Name and etymology: The word is formed from lag ('law') and grunnvöllur ('foundation' or 'basis').

Overview: The concept describes the minimum legal prerequisites for public authorities to act, ensuring actions are within their powers and respect rights.

Scope and function: It distinguishes acts that require formal legal authorization from those permitted under general rules. In practice, lagagrundvöllur is used by courts in reviewing the legality of administrative decisions, such as licensing, sanctions, or policy implementation.

Relation to other concepts: It is linked to the statutory framework and constitutional law, and it supports principles such as legality and proportionality in administrative decisions.

Examples: A licensing regime must rest on a clear statutory basis, while emergency regulations may require explicit constitutional or statutory authorization.

Criticism and discussion: Some commentators argue that the concept can be vague or difficult to apply, especially when multiple sources of authority exist, raising questions about hierarchy and interpretation.

See also: Icelandic Constitution; Administrative law; Statutory framework; Proportionality.