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An arbitrary legal judgment is a decision made at the discretion of the judge, not one that is fixed by law. [7] [1] In some countries, a prohibition of arbitrariness is enshrined into the constitution. Article 9 of the Swiss Federal Constitution theoretically overrides even democratic decisions in prohibiting arbitrary government action. [8]
The dangers of selective enforcement lie in its potential to undermine the fundamental principles of justice and equality. When laws are enforced inconsistently, it can lead to arbitrary outcomes, favoritism, and unequal treatment under the law.
Arbitrarily depriving an individual of their liberty is prohibited under international human rights law.Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; [5] that is, no individual, regardless of circumstances, is to be deprived of their liberty or exiled from their country without having first ...
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared ...
In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law because the criminal justice system discriminated against them by choosing to prosecute. In claims of selective prosecution, defendants essentially argue that it is irrelevant whether they ...
In Raz's view, one of the virtues of the rule of law is the restraint it imposes on authorities. It aims to exclude arbitrary power, as most of the exercises of arbitrary power violate the rule of law. Arbitrary power is excluded when courts hold themselves accountable only to the law and observe "fairly strict procedures".
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...
Outline of law: Lists; List of Latin phrases This page was last edited on 18 April 2024, at 03 ...