Tulkintavalta

Tulkintavalta refers to the discretionary power of public authorities to interpret and apply laws in particular cases. It arises from the practical need to translate general statutory text into concrete decisions and from the inevitability of ambiguity, gaps, and policy choices in legal norms. The scope of tulkintavalta is not unlimited; it is constrained by the language of the statute, the purpose of the law, constitutional rights, and the principle that the authority must act within legal bounds. In Finland, tulkintavalta operates across administrative branches, including taxation, social security, planning and building, and welfare decisions. Authority figures—the tax inspector, the planning official, or a benefit administrator—interpret terms, assess whether facts fit statutory categories, and choose among applicable norms in line with legislative intent and the law's framework. The concept is closely linked to the principle of legality and judicial review. Courts, especially the Administrative Court and Supreme Administrative Court, review whether an interpretation is legal, reasonable, and proportionate, and whether it remains faithful to the text and purpose of the law.

Critics worry that too much discretion can undermine predictability and equal treatment; supporters argue that interpretive latitude is necessary to administer complex, changing situations. To balance interests, many legal systems publish guidelines, require reasoned decisions, and provide avenues for appeal. Tulkintavalta thus reflects a core tension in administrative law between faithful application of fixed rules and prudent, flexible governance.