ARBITRARY DISCRETION Meaning and
Definition
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Arbitrary discretion refers to the authority or power possessed by an individual or entity to make decisions or take actions based on personal judgment or inclination, without being bound by any specific rules or guidelines. It is the freedom to decide, choose, or act in an unrestricted manner, often without being required to provide a reasonable justification or explanation for those decisions or actions.
When someone is said to have arbitrary discretion, it means they have the ability to exercise their own subjective judgment or preference to make determinations or choices, sometimes without any objective or rational basis. This authority can be held by individuals occupying positions of power, such as government officials, decision-makers, or supervisors within an organization. It can also refer to the discretion given to certain bodies or organizations to interpret laws or regulations in a way that is not clearly defined or explicitly stated.
The exercise of arbitrary discretion can potentially lead to inconsistencies, favoritism, or unfair treatment. It may be viewed as problematic as it lacks transparency and accountability, leaving decisions vulnerable to biases, personal opinions, or even corruption. However, in certain cases, discretion may be necessary to handle unique or exceptional circumstances where strict adherence to predefined rules is impractical or ineffective. Therefore, the extent to which arbitrary discretion is granted varies depending on the context and nature of the decision-making process involved.
Etymology of ARBITRARY DISCRETION
The word "arbitrary" originated from the Latin word "arbitrarius", which means "depending on the judgment or will of the arbiter". The term "discretion" also has Latin roots, derived from the word "discretio", meaning "separation" or "distinction". In this context, "arbitrary discretion" combines these two concepts, referring to the power or authority vested in an arbiter or decision-maker to make choices or judgments based on their own personal judgment, rather than following established rules or principles.
