Õigussobivus

Õigussobivus refers to the compatibility of a legal norm or a set of norms with a higher-ranking legal act or principle. In essence, it is the assessment of whether a particular law, regulation, or judicial decision aligns with the fundamental principles and rules of the legal system it operates within. This concept is crucial for maintaining legal certainty and consistency.

The highest legal act in many jurisdictions is the constitution. Therefore, the primary aspect of ōigussobivus often involves examining whether a piece of legislation is constitutional. This means ensuring that the law does not violate fundamental rights, freedoms, or the division of powers as enshrined in the constitution. Courts, particularly constitutional courts, play a significant role in determining ōigussobivus by reviewing legislation for its conformity with constitutional provisions.

Beyond constitutional compatibility, ōigussobivus can also relate to adherence to international law, such as treaties and conventions ratified by a state, and to EU law in member states. It also encompasses the hierarchical consistency within domestic law, ensuring that lower-level regulations do not contradict statutes, and that statutes do not contradict constitutional principles. If a legal norm is found to be lacking in ōigussobivus, it can be declared invalid or inapplicable, thereby being removed from the legal order or its application restricted. This process is vital for the rule of law.