All official power is limited by a general prohibition against arbitrariness.
Evidence
The general prohibition against arbitrary decision. ong the great discoveries of American law is the realization that all official power can properly be thought of as limited by a general prohibition against arbitrariness in its exer- cise, and-that t ah overriding limitLupon poWer, like the more specific limits just considered, can be enforced on appropriate occasion by a tribunal of authoritative application administering the sanction of ulity]. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2891
Categorization
- QUESTION: How exactly does the general anti-arbitrariness principle get operationalized across differing decision types — plausible route back into later chapters of this book.
- recurring: this claim recurs 2 times within its source
- XREF: connects to: A statutory statement-of-grounds requirement pressured an agency into developing reviewable decision criteria. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2907; Legislative power is inherently limited to the common good and standing law — John Locke, Second Treatise of Government, 158; Mystified arbitrary power becomes immune to legal restraint — Hannah Arendt, The Origins of Totalitarianism, 628 (+2 more)
Broader Connections
- Legislative power is inherently limited to the common good and standing law
#corroborates(0.80) — John Locke, Second Treatise of Government, 158 - Mystified arbitrary power becomes immune to legal restraint
#qualifies(0.75) — Hannah Arendt, The Origins of Totalitarianism, 628 - State sovereignty is defined and limited by existing international rules.
#exemplifies(0.72) — HLA Hart, The Concept of Law (Clarendon Law…, 522