õiguskannad

Õiguskannad refers to the legal precedent or case law in Estonian jurisprudence. It is a fundamental concept in common law systems and has also influenced legal traditions in civil law countries, including Estonia. Legal precedent is established when a court renders a decision in a specific case, and that decision then serves as a guiding principle for future cases with similar facts or legal issues.

In Estonia, while it operates primarily as a civil law system with codified statutes, the decisions of higher courts, particularly the Supreme Court (Riigikohus), carry significant weight and are often followed by lower courts. This practice of adhering to previous judicial decisions contributes to the consistency and predictability of the law. Although not strictly binding in the same way as in common law jurisdictions, the Supreme Court's rulings are highly persuasive and play a crucial role in the interpretation and application of statutory law. Therefore, understanding the body of õiguskannad is essential for legal professionals in Estonia to effectively advise clients and litigate cases. It allows for the development of legal principles beyond the literal text of legislation, adapting the law to evolving societal needs and circumstances.