tuomioistuinkäytäntö

Tuomioistuinkäytäntö refers to the body of decisions made by courts, particularly higher courts like the Supreme Court and the Supreme Administrative Court in Finland, that interpret and apply the law. These decisions are not legislation themselves, but they carry significant weight in how laws are understood and implemented in practice. Finnish law is primarily based on statutes, but court decisions provide essential context and guidance.

The concept of tuomioistuinkäytäntö is crucial for legal certainty and predictability. When courts consistently rule on a particular interpretation of a law, it establishes a precedent that lower courts are expected to follow. This ensures that similar cases are treated similarly, promoting fairness and consistency in the legal system. Lawyers and legal professionals study tuomioistuinkäytäntö to advise their clients and to build their arguments in court.

While Finland is a civil law country, where statutes are the primary source of law, the role of judicial precedent is more influential than in some other civil law systems. The decisions of higher courts are not strictly binding in the same way as in common law systems, but they are highly persuasive. Lower courts may deviate from previous decisions, but they must provide strong justification for doing so. This dynamic allows for the law to evolve and adapt to new circumstances while maintaining a foundation of established legal principles.