rättsgrund

Rättsgrund is a Swedish legal term that denotes the legal basis or ground on which a right, obligation, or government action rests. It refers to the specific rule—such as a statute, regulation, constitutional provision, or binding rule—that legitimizes the claim or action.

In administrative law, rättsgrund is the legal authorization for a decision or measure taken by a public authority. A decision must be grounded in applicable law; lacking a valid rättsgrund can render the action invalid or subject to judicial review.

Examples include tax decisions based on tax legislation, permit decisions founded on relevant administrative laws, police measures anchored in the Police Act and the constitution, and civil claims grounded in contracts or applicable statutes. Courts’ judgments themselves are rooted in the pertinent laws and constitutional provisions, forming the rättsgrund for the outcome.

In practice, parties articulate the rättsgrund of their positions by citing the exact statute, regulation, or constitutional provision. Courts and authorities scrutinize whether the action has a proper and sufficient rättsgrund and whether the discretion exercised complies with principles such as proportionality, due process, and legality.

Overall, rättsgrund underlines the rule of law by ensuring that governmental power and legal claims are anchored in recognized legal rules. It supports legality, predictability, and accountability and provides a basis for judicial review when the legality of actions is questioned.