Prohibition of arbitrariness

The prohibition of arbitrariness prevents public authorities from deciding in a manner that is plainly untenable. Swiss courts use it to control extreme errors in fact-finding, interpretation, discretion or reasoning, without replacing the authority’s judgment merely because another solution is preferable. A decision may be arbitrary if it ignores decisive evidence, applies the law inconsistently, lacks objective grounds or produces a shocking result. The standard is demanding: arbitrariness requires more than ordinary error, but it remains a fundamental safeguard against capricious state action.