rättsstatliga

Rättsstatliga is a term used to describe the quality or characteristic of a state that adheres to the rule of law. In a rättsstatligt system, government power is limited by laws that apply equally to all persons, including those in power, and fundamental rights are protected through legal mechanisms and institutions.

Core principles include legality, meaning that actions by public authorities must have a legal basis; the separation of powers among executive, legislature, and judiciary; and judicial independence so courts can review government actions without political interference. The rule of law also encompasses due process, equality before the law, legal certainty, and protection against arbitrary or disproportionate measures. Transparency, accountability, and access to justice are commonly associated with a rättsstatlig state.

Institutions and practices that support rättsstatlighet include independent courts and constitutional or supreme courts, constitutional safeguards and oversight bodies, an autonomous public administration, a free press, and an effective system for anti-corruption and public accountability. Human rights protections, often reinforced through national constitutions and international agreements, are central to the concept.

In the Swedish, European, and global context, rättsstatlighet is a foundational standard for liberal democracies. It is contrasted with arbitrary rule, authoritarian governance, or regimes that undermine judicial independence or legal protections. Ongoing challenges include safeguarding civil liberties in security contexts, ensuring proportionality in state actions, and maintaining robust institutions that can withstand political pressure.