õigustiku

Õigustiku is a term used in Estonian law to refer to a legal doctrine or principle that allows for the interpretation and application of laws in a manner that is consistent with their original intent or purpose. It is derived from the Latin word "ius," meaning "right" or "law," and "custodia," meaning "guardianship" or "custody." The concept of õigustiku is rooted in the idea that laws should be interpreted and applied in a way that respects their underlying principles and values.

The principle of õigustiku is particularly relevant in cases where the literal text of a law may not provide a clear or definitive answer to a legal question. In such situations, judges and legal scholars may look to the broader context of the law, including its legislative history, the intentions of the lawmakers, and the social and political environment in which the law was enacted. By doing so, they can ensure that the law is applied in a manner that is fair, just, and consistent with its original purpose.

The concept of õigustiku is closely related to other legal doctrines, such as stare decisis and ratio decidendi. Stare decisis refers to the principle that legal decisions should be based on previous decisions, while ratio decidendi refers to the reason or rationale behind a legal decision. Together, these doctrines help to create a coherent and consistent body of law that is based on sound legal principles and values.

In Estonian law, the principle of õigustiku is recognized and applied by the courts, legal scholars, and other legal professionals. It is an important tool for ensuring that laws are interpreted and applied in a manner that is fair, just, and consistent with their original purpose. By adhering to the principle of õigustiku, the Estonian legal system can help to create a more just and equitable society for all its citizens.