légalité

Légalité refers to the quality or state of being in accordance with the law. In legal theory and practice, it designates the status of rules, decisions, and actions that are authorized by and conform to the applicable legal order. The term is used to describe both the formal validity of normative acts and the lawful exercise of public power.

Etymology traces to the French adjective légal, from Latin legalis. In jurisprudence, légalité is often contrasted with légitimité. Légalité emphasizes formal compliance with statutory rules, procedures, and norms, while legitimacy concerns the moral or political justification of authority. Legal doctrine sometimes distinguishes between légalité formelle (formal legality) and légalité matérielle (substantive legality), the latter focusing on the protection of rights and alignment with fundamental principles.

In public law, the principle of légalité requires that administrative and governmental actions stay within the powers granted by law, obey due process, and be grounded in applicable norms. Violations can trigger judicial review, with courts assessing whether measures are legal, proportionate, and non-discriminatory. In constitutional and European Union contexts, contrôle de la légalité and contrôle de constitutionnalité serve to police this standard.

Légalité thus underpins the rule of law by ensuring predictability, accountability, and fairness in the exercise of public authority. Critics note that strict adherence to formal legality can, in some cases, entrench unjust statutes or processes, necessitating checks through legitimacy, equity, and human rights protections.