Rättsstatens

Rättsstatens is a term used to describe the rule-of-law state, a political‑legal order in which government power is bound by law and subject to independent oversight. It denotes a system where authority is exercised within codified norms, and where administrative actions require legal authorization and justification.

Key elements include legality, where government acts must be authorized by law; separation of powers and an independent judiciary that can review actions; due process and equal protection of individuals; protection of fundamental rights; proportionality; transparency and access to information; and accountability of public authorities. These features together aim to prevent arbitrary power and to foster predictability and legitimacy in governance.

In practice, rättsstatens principles are embedded in national constitutions and reinforced by international human rights instruments. In many countries, including those with long-standing liberal democracies, the judiciary acts as a check on executive power, and administrative agencies are expected to justify decisions in court. International frameworks such as human rights treaties and EU law further articulate and enforce the standard of the rule of law.

Challenges to upholding rättsstatens include emergency or security measures that may curb rights, political pressure on institutions, corruption risks, and the use of new technologies such as surveillance that test the balance between security and civil liberties. Ongoing vigilance, judicial independence, and transparent governance are typically emphasized as essential to maintaining the rule-of-law state.

See also: Rechtsstaat, rule of law.