õiguskallak

õiguskallak is an Estonian legal term that translates to "legal precedent" or "legal ruling." It refers to a decision made by a court in a specific case that serves as an example or guide for future similar cases. While Estonia's legal system is primarily based on codified law (statutory law), the concept of legal precedent, or õiguskallak, plays an important, albeit distinct, role.

õiguskallak is not binding in the same way as precedent in common law systems. Courts in Estonia are not strictly bound to follow previous decisions of higher courts. However, decisions from the Supreme Court of Estonia (Riigikohus) carry significant persuasive authority. Lower courts typically consider and often follow these rulings to ensure consistency and predictability in the application of the law.

The development of õiguskallak is a natural consequence of judicial interpretation. When courts interpret and apply statutory law to new or complex factual situations, their reasoning and conclusions can establish a pattern. This pattern becomes a valuable resource for legal professionals, providing insights into how the law is likely to be applied in similar circumstances. While the legislature remains the primary source of law, the accumulation of õiguskallak contributes to the practical understanding and evolution of legal principles within the Estonian jurisdiction.