Willkürverbot

Willkürverbot, a German legal term, translates to "prohibition of arbitrariness." It is a fundamental principle in many legal systems, particularly those influenced by German law, ensuring that state actions, especially those by administrative bodies or courts, are not based on whim or caprice but on objective and justifiable grounds. The principle dictates that decisions must be reasoned, consistent with existing laws and legal principles, and free from personal bias or prejudice. It serves as a safeguard against arbitrary power and promotes fairness and predictability in the application of law.

The Willkürverbot requires that a decision, to be lawful, must be objectively justifiable and not merely a subjective preference. This means that even when a decision-maker has discretion, their choices must still be rooted in factual evidence and legal considerations. If a decision is found to be arbitrary, it can be challenged and overturned. This principle is closely related to concepts of due process and the rule of law, emphasizing that all individuals are subject to and protected by established legal norms.

The application of Willkürverbot often involves a review of whether the decision-maker considered all relevant factors, disregarded irrelevant ones, and arrived at a conclusion that is not manifestly unreasonable or contradictory. It is a crucial element in maintaining public trust in the legal system and ensuring that the exercise of authority is legitimate and accountable.