Arbitrary Law: A law that is not grounded in natural principles, but is solely established by the government’s decision. This kind of law can be modified or adjusted at any given time and is not permanent.
Arbitrary laws are those that are not grounded in natural principles, but are instead established solely by the government or legislature. These laws can be altered or revoked at any given moment. For instance, in certain countries, the government possesses the authority to enact laws without seeking input from the citizens. These laws may lack any moral or ethical foundation and are solely designed to uphold the government’s authority. As an example, a government might pass a law that limits freedom of speech or assembly, even without a valid justification. This demonstrates how arbitrary laws are created to maintain power rather than being based on principles of justice or fairness. Consequently, citizens may find themselves without protection against government abuse of power, as these laws can be modified or abolished at any time.
The term “law arbitrary” refers to a legal principle that allows authorities to exercise discretionary power without any specific guidelines or limitations.
Yes, laws can be considered arbitrary if they are enacted without a rational basis or if they unfairly target a specific group or individual without a justifiable reason.
Arbitrary laws are generally considered unconstitutional as they violate the principle of equal protection under the law and due process rights guaranteed by the Constitution.
To challenge an arbitrary law, you can file a lawsuit in court, arguing that the law violates your constitutional rights or that it lacks a rational basis. It is advisable to seek legal counsel to guide you through the process.
Yes, a court can declare a law arbitrary if it finds that it lacks a rational basis or violates constitutional rights. However, the burden of proof lies with the party challenging the law.
Examples of arbitrary laws may include those that discriminate based on race, gender, or religion without a valid reason, or laws that grant excessive discretionary power to authorities without any accountability.
Yes, arbitrary laws can be repealed through legislative action or by a court striking them down as unconstitutional. Public pressure and advocacy efforts can also play a role in pushing for the repeal of arbitrary laws.
Yes, constitutional safeguards such as the equal protection clause and due process rights serve as safeguards against arbitrary laws. Additionally, the separation of powers and checks and balances within a government system can help prevent the enactment of arbitrary laws.
While arbitrary laws can be enforced until they are challenged and struck down, their enforcement can be subject to legal challenges and may be deemed unconstitutional by a court.
If you believe a law is arbitrary, you can consult with an attorney to assess the situation and determine the best course of action. They can guide you on potential legal challenges or advocacy efforts to address the issue.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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