Rettssikker

Rettssikker, often used as rettssikkerhet in Norwegian, refers to the protection of individuals and entities against arbitrary or unlawful action by public authorities in legal and administrative processes. It encompasses the guarantees that laws are applied fairly, predictably, and with due regard for individual rights. The concept is a central element of the rule of law and underpins trust in public institutions.

Key elements of rettssikkerhet include due process in criminal and administrative procedures, presumption of innocence, right to a defense and to access relevant evidence, and the right to appeal or obtain review of decisions. It also covers equality before the law, independence and impartiality of the judiciary, and proportionality in the use of legal mechanisms. In addition, rettssikkerhet entails protection of privacy and data during procedures and a clear articulation of grounds for decisions.

Legal foundations for rettssikkerhet are found in national constitutions and laws, as well as international human rights instruments such as the European Convention on Human Rights. National implementations include criminal and civil procedure rules, administrative law, and mechanisms for oversight. In Norway, bodies such as the Parliamentary Ombudsman (Sivilombudsmannen) monitor compliance with rettssikkerhet in public administration, and access to legal aid and public access to information further support these protections.

The practical effect of rettssikkerhet is to ensure that state power is exercised within legal bounds, safeguarding rights to life, liberty, property, and freedom from unlawful discrimination. It supports transparent decision-making, accountability, and the legitimacy of legal outcomes, while guiding ongoing law reform and the modernization of procedures in changing social and technological contexts.