lovhjemmelen

Lovhjemmelen is a term used in Norwegian public law to describe the legal basis or authority by which a public body may take action, make decisions, or impose obligations. The concept rests on the principle of legality: public power may only be exercised if there is a valid lovhjemmelen derived from statute, regulation, or delegated authority. In practice, a decision or regulation will cite its lovhjemmelen, typically indicating that it is issued “i medhold av” or “hjemmel i” a specific law or regulation.

The lovhjemmelen serves as the source of legitimacy for administrative discretion. It defines the scope and limits of what a body may do, and ensures that actions are reasoned, proportionate, and accountable. If an act lacks an appropriate lovhjemmelen, it can be challenged as ultra vires and may be struck down by a court.

Lovhjemmelen is often associated with, but distinct from, delegated authority and personal authorization (fullmakt). Delegation or authorization may enable a person to act on behalf of an authority, but the underlying lovhjemmelen must still authorize the act itself.

Common areas where lovhjemmelen is cited include permits and licenses, enforcement actions, penalties, public taxation, planning and building decisions, and environmental regulation. In all such cases, the cited lovhjemmelen confirms that the action rests on a valid legal foundation rather than on arbitrary power.

Overall, lovhjemmelen is a central concept in ensuring legality, transparency, and accountability in Norwegian public administration.