kohtuuttomuudesta

Kohtuuttomuus, often translated as unreasonableness or outrageousness, is a legal concept that signifies a decision or action that is so extreme, excessive, or disproportionate that it falls outside the bounds of what is considered acceptable or lawful. It is a standard used in various legal systems, particularly in administrative law and judicial review, to assess the legality and fairness of governmental or other official actions.

The core idea behind kohtuuttomuus is that while authorities have a degree of discretion in their decision-making, this discretion is not absolute. A decision can be deemed unreasonable if it is based on incorrect facts, illogical reasoning, or if it fails to consider relevant factors, or if it is so disproportionate to the objective sought that it appears arbitrary or capricious. This principle serves as a safeguard against abuses of power and ensures that decisions are not only legally permissible but also rational and equitable.

In practice, the threshold for finding a decision unreasonable is typically high. Courts are generally reluctant to substitute their own judgment for that of the decision-maker, but they will intervene when a decision is so flawed that it cannot be rationally defended. The assessment of kohtuuttomuus often involves a balancing of interests and a consideration of the proportionality between the means used and the end to be achieved. It is a crucial tool for maintaining the rule of law and protecting individuals from arbitrary official conduct.