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Irrational; capricious.

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.

An arbitrary decision is one made without regard for the facts and circumstances presented, and it connotes a disregard of the evidence.

In many instances, the term implies an element of bad faith, and it may be used synonymously with tyrannical or despotic.

The term arbitrary refers to the standard of review used by courts when reviewing a variety of decisions on appeal. 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.

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. 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. 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. They must also comply with administrative procedures created by popularly elected state and federal legislatures.

One important right recognized in most administrative proceedings is the right of Judicial Review. Citizens aggrieved by the actions of an administrative body may typically ask a judicial court to review those actions for error. 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.

Congress tried to maintain this delicate balance in the administrative procedure act (APA). The APA limits the scope of a reviewing court's authority to determining whether the agency acted arbitrarily and capriciously in exercising its discretion. 5 USCA § 701. 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.

Specifically, a reviewing court must determine whether the agency articulated a rational connection between the factual findings it made and the decision it rendered. The reviewing court must also examine the record to ensure that the agency decision was founded on a reasoned evaluation of the relevant factors. 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.

Typically, reviewing courts look at the whole record in making this determination, take into account the agency's expertise on any particular matters, and accept any factual findings made by the agency. However, the reviewing court is free to determine how the law should apply to those facts. 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.

A reviewing court's determination that an agency acted in an arbitrary manner will often depend on the technical requirements of the governing law. For example, courts are often asked to determine whether a federal agency has acted arbitrarily under the national environ-mental policy act (NEPA). Pub. L. 91-190, § 2, Jan. 1, 1970, 83 Stat. 852, as amended, 42U.S.C.A. §§ 4321 et seq. In one case the Ninth Circuit ruled that the Transportation Department acted arbitrarily under NEPA, when it failed to prepare an environmental impact statement, failed to consider whether its regulations would have violated air quality limits, and failed to perform localized analyses for areas most likely to be affected by increased truck traffic. Public Citizen v. Department of Transportation, 316 F. 3d 1002 (9th Cir. 2003).


Administrative Procedure Act of 1946; Due Process of Law; Judicial Review.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


adj. not supported by fair or substantial cause or reason. Most often it is used in reference to a judge's ruling.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.


(especially of a penalty or punishment) not laid down by statute; within the court's discretion.
Collins Dictionary of Law © W.J. Stewart, 2006

ARBITRARY. What depends on the will of the judge, not regulated or established by law. Bacon (Aphor. 8) says, Optima lex quae minimum relinquit arbitrio judicis et (Aph. 46) optimus judex, qui mi nimum sibi
     2. In all well adjusted systems of law every thing is regulated, and nothing arbitrary can be allowed; but there is a discretion which is sometimes allowed by law which leaves the judge free to act as he pleases to a certain extent. See Discretion

LAW, ARBITRARY. 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. This term is used in opposition to immutable.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
As we waited to receive our eighth-grade diplomas from the hands of Father Bennett, our pastor, cultural forces were swirling around us that would, willy-nilly, shape our consciousness and affect the way we would see the world and relate to our faith.
Yet my curiosity grew as I read and, willy-nilly, a certain fascination grew at the same time.
Otherwise, the men and women who are the military will continue to be whittled away willy-nilly by a national political leadership who share one area of military expertise: They know how to evade military service.
"I realized that we could almost do more harm than good by planting trees willy-nilly," Seward admits.
They spoke of mice dice, republicans, democrats, How stars may be foiled of grand desires, How love may be wept over as an abstraction, How black velvet may suddenly transfuse With tracks and spatters of red blood, How fate waits at a door with a white finger, How beautiful children become drab vagabonds, How the coin of life comes willy-nilly, How Jesus was not ashamed of miracles.
"It might be very dangerous to tamper with it and we would never introduce it willy-nilly." The Assemblyman said he will introduce the bill, however, to generate discussion.
Originally we were just going willy-nilly out there, and there wasn't time and there weren't a lot of minorities registered."
Cut the image into anything from boxy rectangles to thin strips, then slip puzzle pieces willy-nilly into the frame fit will be tight; trim slightly if needed).
In other words, we are all stuck with Duterte, willy-nilly. But it's really too early to despair over what this home-grown version of Attila the Hun will do.
The first is that we must not build willy-nilly. The second is that we must build.
The doctors will not give out sickness certificates willy-nilly. I know my own practice don't and people build a trust with their doctors and consultants over a period of time.
So, here's my prescription for huge NHS savings: cure GPs' willy-nilly drug-prescribing mania.