arbitrary law meaning

One important right recognized in most administrative proceedings is the right of Judicial Review. A Law Dictionary, Adapted to the Constitution and Laws of the United States. It is possible that the law may not apply to you and may have changed from the time a post was made. For example, the arbitrary and capricious standard of review is the principle standard of review used by judicial courts hearing appeals that challenge decisions issued by administrative bodies. Arbitrary punishment. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. When used in reference to a judge ’s ruling in a court case, arbitrary means based on individual discretion rather than a fair application of the law. because he wills it, and is not founded in the nature of things; such law, An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. Related Legal Terms & Definitions The term arbitrary describes a course of action or a decision that is not based on reason or judgment but on personal will or discretion without regard to rules or standards. The APA limits the scope of a reviewing court's authority to determining whether the agency acted arbitrarily and capriciously in exercising its discretion. In making this determination, the reviewing court will not find that the administrative body acted arbitrarily unless the agency failed to follow proper procedures or rendered a decision that is so clearly erroneous that it must be set aside to avoid doing an injustice to the parties. explains decisions made or actions taken that are not necessarily based on established facts 46) optimus judex, qui mi nimum sibi §§ 4321 et seq. Although agencies are given wide latitude, reviewing courts must be careful not to rubber-stamp administrative decisions that they deem inconsistent with a statutory mandate or that frustrate the congressional policy underlying a statute. 2003). Public Citizen v. Department of Transportation, 316 F. 3d 1002 (9th Cir. Congress tried to maintain this delicate balance in the administrative procedure act (APA). This term is used in opposition to immutable. In establishing the standard by which judicial courts will review the actions of an administrative body, state and federal legislatures seek to provide agencies with enough freedom to do their work effectively and efficiently, while ensuring that individual rights are protected. LAW, ARBITRARY. What depends on the will of the judge, not regulated or established by law. Although administrative agencies are generally designed to make lawmaking and regulation simpler, more direct, and less formal, they still must provide due process to affected parties. This term is used in opposition to immutable. An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. Citizens aggrieved by the actions of an administrative body may typically ask a judicial court to review those actions for error. A boundary or limit A statutory punishment defined by law, and not…. This term is used The reviewing court must also examine the record to ensure that the agency decision was founded on a reasoned evaluation of the relevant factors. See more. Specifically, a reviewing court must determine whether the agency articulated a rational connection between the factual findings it made and the decision it rendered. At the federal level and in most states, administrative law is a body of law made by Executive Branch agencies that have been delegated power to promulgate rules, regulations, and orders, render decisions, and otherwise decide miscellaneous disputes. All information available on our site is available on an "AS-IS" basis. If the reviewing court concludes that the agency's actions were so arbitrary as to be out-side any reasonable interpretation of the law, the court may overturn the agency's decision or remand the case back to the agency for further proceedings in accordance with the court's decision. arbitrio judicis et (Aph. Unbiased. An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. Law Dictionary – Alternative Legal Definition. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Fair and without arbitrary favoritism towards either side. Bacon (Aphor. 8) says, Optima lex quae minimum relinquit Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? in opposition to immutable. 5 USCA § 701. Arbitrary definition, subject to individual will or judgment without restriction; contingent solely upon one's discretion: an arbitrary decision. 20, 23. A Law Dictionary, Adapted to the Constitution and Laws of the United States. Non-elected officials in administrative agencies are delegated this authority in order to streamline the often lengthy and more deliberative process of legislative lawmaking that frequently grinds to a halt amid partisan gridlock. arbitrary definition: 1. based on chance rather than being planned or based on reason: 2. using unlimited personal power…. ARBITRARY. An arbitrary law is one made by the legislator simply For example, the tariff law. In many instances, the term implies an element of bad faith, and it may be used synonymously with tyrannical or despotic. Pub. This term is used in opposition to immutable. What depends on the will of the judge, not regulated or An arbitrary law refers to law imposed by the mere will of the legislature. Learn more. It is not founded in the nature of things. L. 91-190, § 2, Jan. 1, 1970, 83 Stat. It is not a substitute for professional legal assistance. adj. The law is also subject to change from time to time and legal statutes and regulations vary between states. An arbitrary decision is one made without regard for the facts and circumstances presented, and it connotes a disregard of the evidence. not supported by fair or substantial cause or reason. An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience.