oikeuslähdejärjestyksen

Oikeuslähdejärjestys refers to the hierarchy of legal sources in Finnish law. This concept dictates which legal rules take precedence when determining legal outcomes. At the apex of this hierarchy are the Finnish Constitution (Suomen perustuslaki) and the European Convention on Human Rights, which are considered the supreme sources of law. Following these are the Acts of Parliament (lait) and Government Decrees (asetukset). International treaties ratified by Finland also hold significant weight, often ranking at a level comparable to Acts of Parliament.

Below statutory law are the regulations issued by various administrative authorities. Case law, particularly decisions from the Supreme Court (Korkein oikeus) and the Supreme Administrative Court (Korkein hallinto-oikeus), plays a crucial role in interpreting and applying the law, though it is not a binding source in the same way as statutory provisions in common law systems. However, consistent and well-reasoned judicial precedent carries considerable persuasive authority and significantly influences lower courts.

In the absence of clear statutory provisions, legal principles and legal doctrine (oikeuskirjallisuus) can also be considered as subsidiary sources of law. The principle of proportionality and the prohibition of arbitrary action are examples of general legal principles that guide legal interpretation and application. The oikeuslähdejärjestys ensures consistency and predictability in the legal system by establishing a clear framework for legal reasoning and decision-making.