oikeusennakkot

Oikeusennakkot is a Finnish legal term that translates to "precedent" or "case law." It refers to a legal decision made by a higher court that serves as a guide or authority for deciding similar cases in the future. In the Finnish legal system, while legislation is the primary source of law, court decisions play a significant role in interpreting and applying these laws.

The principle of oikeusennakkot means that lower courts are generally expected to follow the rulings of superior courts when faced with similar factual circumstances and legal issues. This promotes consistency, predictability, and fairness in the application of the law. The Supreme Court (Korkein oikeus) and the Supreme Administrative Court (Korkein hallinto-oikeus) are the highest courts whose decisions carry the most weight as oikeusennakkot.

While Finnish law is primarily based on a civil law tradition, which emphasizes statutory law, the influence of precedent is still considerable. Judges consider previous decisions when making their own rulings, though they are not strictly bound by them in the same way as in common law systems. The reasoning and argumentation in previous judgments are carefully analyzed and applied to new cases. This development of law through judicial decisions contributes to the evolving interpretation and understanding of legal norms.