seaduslikkus

Seaduslikkus is the principle that actions by individuals and by the state must be based on law, and that power is exercised only within the limits set by legal norms. It underpins predictable, accountable governance and the protection of fundamental rights. In practice, it means that legality governs public authority, administrative decisions, and criminal enforcement.

A central aspect of seaduslikkus is the rule that offences and penalties are defined by statute, and that punishment cannot be imposed without a clear legal basis. This includes guarantees against ex post facto laws and the provision of due process, proportionate sanctions, and fair procedures. The principle also requires that public authorities operate within their legally conferred powers, with acts subject to judicial review for legality and legitimacy.

In governance, seaduslikkus ensures that regulations, administrative actions, and state interventions are grounded in law. Courts interpret and apply statutes to resolve disputes, assess administrative acts for legality, and protect citizens from arbitrary power. The separation of powers and constitutional safeguards reinforce the mechanism by which legality is maintained.

In Estonia, seaduslikkus is a core element of the rule of law (õigusriik). The Estonian Constitution and legal framework emphasize that state authority derives from and remains within the boundaries of law, and that rights and freedoms are protected by legal norms. This concept also aligns with broader European and international human rights standards.

See also: rule of law, legality, legal certainty, õigusriik, seadus.