Perustusperiaatteen

Perustusperiaatteen, or perustusperiaatteet, refers to the fundamental principles that guide a constitutional order. In Finnish law, it denotes a framework rather than a single provision, encompassing norms that shape how laws are made, applied, and evaluated. The concept emerges from the Constitution (perustuslaki) itself as well as from constitutional doctrine and case law.

These principles cover core aspects such as the rule of law (oikeusvaltioperiaate), equality before the law and non-discrimination, protection of fundamental rights, legality and legal certainty, and the proportionality and necessity of restricting rights. Additional strands include the separation of powers, democratic legitimacy, transparency and accountability in public authority, and the independence and impartiality of the judiciary. Together, they provide overarching standards for public power and guide judicial interpretation.

The perustusperiaate functions as an interpretive and control tool. It informs how statutes are read and how administrative actions are assessed, ensuring that actions by Parliament, the government, and administrative agencies comply with constitutional norms. In practice, Finnish courts may invoke these principles in constitutional review, guiding interpretation when legislation touches on fundamental rights or when evaluating the proportionality and legitimacy of state actions.

Origin and status-wise, perustusperiaatteen is a non-codified, non-exhaustive set of norms recognized in doctrine and jurisprudence. It serves as a unifying concept of Finland’s constitutional order, complementing explicit constitutional provisions and informing both legal reasoning and democratic governance.