õiguspärasusse

õiguspärasusse is an Estonian legal term that refers to the course of legal practice or procedure that follows established rules and customary ways. The word is derived from õiguspärane, meaning “lawful” or “legally proper”, combined with the substantival suffix -usse which denotes a state or condition. In practice, the term is used to signal conformity with statutory prescriptions, judicial precedent, and procedural norms. It can also describe the manner in which a particular legal action is carried out, ensuring that all steps are justified under the applicable law.

The concept is important in Estonian jurisprudence for several reasons. First, it provides a reference point for evaluating the legality of actions taken by state bodies and private parties. Second, it underpins the principle of legality, a cornerstone of the rule of law, by requiring that every decision be grounded in a clear legal basis. Third, adherence to õiguspärasusse is often a prerequisite for enforcement of rights and obligations, as courts tend to reject actions that deviate from proven legal procedures.

Practitioners, such as judges and lawyers, routinely assess whether a given act meets the standard of õiguspärasusse. The term is frequently encountered in court opinions, legislative debates, and legal commentaries, functioning as a shorthand for legal rigor and compliance with the established law.