määritysuksessa

Määritysuksessa refers to a legal term in Finnish law that translates to "in the definition." It is used to describe a situation where a legal provision is interpreted based on its own terms rather than external sources. This concept is particularly relevant in constitutional law, where the interpretation of the Constitution is guided by its own provisions.

The principle of määritysuksessa is rooted in the idea that the Constitution should be interpreted in a manner that is consistent with its own spirit and purpose. This means that the interpretation should not rely on external sources such as legislative history, political intentions, or general principles of law. Instead, it should focus on the literal meaning of the constitutional text and the relationships between its provisions.

The application of the määritysuksessa principle is not without its challenges. It can lead to a narrow and technical interpretation of the Constitution, potentially overlooking its broader purposes and values. Additionally, it can create tensions between different constitutional provisions, as each provision may be interpreted in a manner that is consistent with its own terms but not necessarily with the overall constitutional scheme.

Despite these challenges, the principle of määritysuksessa is an important aspect of Finnish constitutional law. It ensures that the Constitution is interpreted in a consistent and predictable manner, and it provides a clear framework for resolving disputes about the meaning of constitutional provisions. However, it is not the only principle used in constitutional interpretation, and other principles such as the purpose of the Constitution, the overall constitutional scheme, and the relationship between the Constitution and other sources of law may also be considered.