Õiguspärasuse

Õiguspärasus, often translated as legality or lawfulness, is a fundamental principle in legal systems, particularly in continental European traditions. It dictates that all actions taken by state authorities, including government bodies and officials, must be based on and conform to the law. This means that public power cannot be exercised arbitrarily but must be exercised within the boundaries established by legislation.

The principle of Õiguspärasus serves as a cornerstone of the rule of law. It ensures that individuals are protected from the abuse of power and that the state's actions are predictable and transparent. For a decision or action to be considered legally compliant, it must have a proper legal basis, be carried out according to the prescribed procedures, and respect the substantive rights and freedoms guaranteed by law.

In practice, Õiguspärasus requires that administrative decisions can be challenged in courts, allowing for judicial review of the legality of state actions. This judicial oversight is crucial for upholding the principle and ensuring that public authorities remain accountable. It applies to all levels of government and all branches of public administration, from the enactment of laws to their implementation and enforcement. The absence of Õiguspärasus can lead to arbitrary governance and a disregard for individual rights.