laillisuusperiaate

Laillisuusperiaate, or the principle of legality, is a fundamental doctrine in Finnish constitutional and administrative law. It holds that public authorities may exercise power only when they are authorized by law and within the limits set by law. In practice this means that administrative decisions, police actions, and other state activities must have an explicit legal basis, and authorities cannot create rights or impose obligations outside of what the law provides. The principle aims to prevent arbitrary or discretionary state action and to secure predictability and legal certainty for citizens.

Origins and scope: The laillisuusperiaate is rooted in the rule of law (oikeusvaltioperiaate) and is reflected in the Finnish Constitution as well as in statute-based administrative law. It covers both legislative acts and executive actions to the extent they fall within the scope of existing legislation. In many cases, specific statutory authorization and adherence to procedural rules are required for government actions.

Relation to other principles: It intersects with other constitutional values such as proportionality, necessity, and proportional protection of rights. The principle reinforces the separation of powers by ensuring that different branches act within their defined legal mandates and that administrative discretion is bounded by law.

Impact and enforcement: The laillisuusperiaate serves as a basis for judicial review of administrative decisions. Courts assess whether an act has a legal basis, complies with applicable laws, and respects due process. Violations can lead to annulment of decisions, damages, or other remedies, thereby maintaining accountability and limiting state power.

Overall, laillisuusperiaate is a central safeguard in Finland's constitutional framework, ensuring that public authority operates within the bounds of the law and under the rule of law.