Die Willkürkontrolle

The study comprehensively examines the general prohibition of arbitrariness and establishes it as a core element of the rule of law, which guarantees the fairness and legitimacy of state decisions. Based on an analysis of case law, procedural criteria for judicial review of the general prohibition of arbitrariness are developed. This places logical and methodological requirements for state decisions at the centre of judicial review of the prohibition of arbitrariness that is compatible with the German constitution, in particular the separation of powers principle. This is the first time that concrete criteria have been formulated that can be used to review the arbitrariness of all state decisions.