Legal Definitions - secundum normam legis

The Latin phrase secundum normam legis translates to according to the rule of law or by rule of law.

This principle signifies that all actions, decisions, and governance must be consistent with established legal principles, statutes, and procedures, rather than being based on arbitrary power, personal discretion, or whim. It underscores the importance of legality, fairness, and predictability in the application of law.

Here are some examples illustrating this concept:

• Example 1: Government Permitting Process

  Imagine a local government agency responsible for issuing building permits. When a developer submits plans for a new construction project, the agency must review the application strictly against the established zoning ordinances, building codes, and environmental regulations. They cannot deny the permit simply because a particular official dislikes the developer or the architectural style. If the plans meet all legal requirements, the permit must be issued.

  This demonstrates secundum normam legis because the agency's decision is made entirely according to the pre-existing, publicly known rules and laws, not based on personal bias or arbitrary judgment.

• Example 2: Judicial Sentencing

  Consider a judge presiding over a criminal case where a defendant has been found guilty. When determining the sentence, the judge is bound by statutory sentencing guidelines, previous legal precedents, and specific factors outlined in the law (such as the severity of the crime, the defendant's criminal history, and mitigating circumstances). The judge cannot impose an unusually harsh or lenient sentence purely based on personal feelings about the defendant or the crime.

  This illustrates secundum normam legis because the judge's authority to sentence is exercised strictly within the boundaries and dictates of the law, ensuring consistency and fairness.

• Example 3: Public Procurement

  When a government department needs to purchase new equipment or services, it typically issues a Request for Proposal (RFP) outlining specific criteria, technical specifications, and evaluation methods. All bids received from various companies must be evaluated against these pre-defined criteria, and the contract must be awarded to the bidder that best meets those requirements, usually the lowest qualified bidder. The department cannot award the contract to a company simply because an official has a personal connection to it.

  This exemplifies secundum normam legis as the entire procurement process, from setting criteria to awarding the contract, adheres to established legal and procedural rules designed to ensure transparency and prevent corruption.