Willkür

Willkür is a German term describing the arbitrary exercise of power, conducted without regard to established rules, reason, or due process. Etymologically, it stems from Wille (will) combined with a sense of power or force, and it historically signifies actions dictated by a ruler’s personal whim rather than by law or principle.

In philosophy and law, Willkür denotes government action that lacks a lawful basis, is inconsistent, or is applied unequally. It is contrasted with the rule of law (Rechtsstaat) and with decisions grounded in statute, precedent, and rational criteria. Willkür justice refers to rulings or acts that fail to follow due process, are capricious, or discriminate without justification. The concept underpins critiques of despotism, tyranny, and arbitrary administration.

Historically, Willkür has been a central warning in German political and legal thought. In early modern and modern debates, it signified the danger of rulers who govern by personal preference rather than universal norms. In constitutional theory, Willkür is treated as the antithesis of legitimate authority and is resisted through legal safeguards, oversight, and institutions designed to limit discretion.

In contemporary usage, the term remains relevant in discussions of human rights and administration. Arbitrary detention, capricious administrative decisions, and unequal treatment are described as Willkür when they lack legal justification or proportionality. Legal systems seek to curb Willkür through due process, substantive equality, judicial review, and the principle that state power must adhere to established rules and rights.