lainkäytännöt

Lainkäytännöt refers to the body of legal principles and rules that have been established through judicial decisions over time. These principles are not explicitly codified in statutes but are derived from the reasoning and outcomes of past court cases. This system of law is a fundamental aspect of common law legal traditions, where precedent plays a crucial role in the development and interpretation of law.

The core principle underlying lainkäytännöt is stare decisis, which translates to "to stand by things decided." This doctrine dictates that courts should follow the rulings of higher courts in similar cases. When a higher court makes a decision on a particular legal issue, that decision becomes binding precedent for lower courts within the same jurisdiction. This ensures consistency and predictability in the application of the law.

Lainkäytännöt evolves as new cases are brought before the courts. Judges analyze the facts of each case and apply existing legal principles. If a case presents novel circumstances or requires an interpretation of existing law, the court's decision can create new precedent or modify existing ones. This evolutionary process allows the law to adapt to changing societal needs and circumstances.

The interpretation of statutes also heavily relies on lainkäytännöt. While statutes provide the written framework of the law, courts often need to interpret the meaning and scope of these provisions. Judicial decisions that clarify statutory language become part of the lainkäytännöt and guide future interpretations of that statute. Therefore, lainkäytännöt is an indispensable element of the legal system, providing both stability and adaptability.