õiguspärasusel

Õiguspärasus, meaning legality or lawfulness in Estonian, is a fundamental principle in law and governance. It asserts that all actions taken by individuals, organizations, and particularly state authorities must be in accordance with the established legal framework. This principle ensures that power is exercised within defined limits and that decisions are made based on objective rules rather than arbitrary will.

In essence, õiguspärasus dictates that nothing can be done without a legal basis. For state institutions, this means that their powers and the procedures they follow must be explicitly authorized by law. Citizens and legal entities also have the right to expect that official actions affecting them are lawful. This principle serves as a cornerstone of the rule of law, protecting individuals from abuse of power and ensuring predictability and fairness in the legal system.

The concept of õiguspärasus is closely linked to legal certainty and justice. When actions are lawful, individuals can understand their rights and obligations, and they can rely on the consistent application of laws. It requires that laws themselves are clear, accessible, and consistently enforced. Violations of õiguspärasus can lead to legal challenges, appeals, and the invalidation of unlawful acts, thereby upholding the supremacy of law.