rajoitusperusteet

Rajoitusperusteet refers to the grounds for limitation or restriction in Finnish law. These grounds are used to justify limitations on fundamental rights, such as freedom of expression, assembly, or religion. The Finnish Constitution, in its Section 23, outlines the general principle that fundamental rights can be restricted by law. However, these restrictions must be permissible, necessary, and proportionate.

For a restriction to be permissible, it must be based on a law that is sufficiently clear and accessible. This ensures that individuals are aware of potential limitations on their rights. The necessity requirement means that the restriction must be needed to achieve a legitimate aim. Such aims can include public order, national security, the protection of public health, or the rights and freedoms of others.

Proportionality is a crucial element. A restriction is proportionate if it is suitable for achieving the legitimate aim, necessary in the sense that no less restrictive means would be effective, and the overall balance between the public interest and the individual's fundamental right is maintained. This means the restriction should not be overly burdensome compared to the benefit it aims to achieve.

Rajoitusperusteet are frequently considered in various legal contexts, including administrative law, criminal law, and human rights litigation. Courts carefully scrutinize any proposed limitations on fundamental rights to ensure they adhere to constitutional principles and international human rights standards. The interpretation and application of rajoitusperusteet are vital for maintaining a balance between individual freedoms and societal needs.