rettspraksis

Rettpraksis, or rettspraksis in Norwegian, refers to the body of legal principles and rules that have been established by court decisions through the interpretation and application of law to actual cases. In Norway, rettspraksis complements statutory law and regulations, and it plays a central role in shaping how the law is understood and applied in practice. It is a key source of jurisprudence for judges, lawyers, and scholars.

The main sources of rettspraksis are decisions issued by the higher courts, especially the Supreme Court (Høyesterett) and the Court of Appeal (Lagmannsrett), as well as decisions from district courts (Tingrett). Higher court rulings create binding precedents within their jurisdiction, while lower courts generally follow these principles unless overruled by later decisions or legislative changes. In addition to binding precedents, opinions and reasoning in notable cases provide persuasive authority that guides legal interpretation across cases and sectors.

Rettpraksis serves several functions: it interprets ambiguous statutory provisions, fills gaps where legislation is silent, and develops general legal principles that contribute to consistency and predictability in the legal system. The practice evolves with new rulings and can be refined or overturned by subsequent decisions or legislative amendments. In scholarly and professional contexts, rettspraksis is analyzed alongside preparatory works (forarbeider) to understand legislative intent and to inform future legal practice.