kohtuuttomuuslakipykäliin

Kohtuuttomuuslakipykäliin is a term used in Finnish theoretical legal discussions to describe a proposed clause or set of clauses intended to anchor the principle of avoiding undue or unreasonable effects in law. The expression combines kohtuuttomuus (unreasonableness or undue harshness), laki (law), and pykälä (section), and is typically invoked in debates about how statutes should be drafted and interpreted to prevent disproportionate burdens on individuals or groups.

The concept envisions a meta-provision applicable to legislation and regulatory texts. Its core aim is to ensure proportionality, necessity, and reasonableness in legal measures, by requiring lawmakers and courts to assess the potential impacts of a provision before it becomes effective. In drafting practice, kohtuuttomuuslakipykäliin would function as a formal check during bill preparation, subsidiarily guiding impact assessments, impact minimization, and balancing of competing interests.

In judicial practice, a corresponding standard could allow courts to review statutes for undue costs or harms relative to legitimate objectives. If applied, provisions found to be grossly disproportionate might be read down, reinterpreted, or struck, with implications for legislative certainty and administrative efficiency. Proponents argue that it promotes fairness and public trust by safeguarding against excessive consequences of laws. Critics warn that the concept risks vagueness, creates uncertainty in interpretation, and could constrain necessary regulation.

Overall, kohtuuttomuuslakipykäliin remains a theoretical construct rather than an enacted Finnish legal rule, used in discussions about how to better integrate reasonableness and proportionality into the fabric of statutory drafting and judicial review.