Monday, March the 3rd, 2008

A cloudy morning. It is not only clouds that cause the dark weather. Yellow sand is made to fly over from the Gobi. Japanese pollen and Chinese yellow sand are hovering over me.
What is the arbitrariness? When officers are comanding the same kind of power upon all the concerned, can they escape from being called arbitrary? No, not necessarily. In a constitutional sate, the judgement on arbitarariness depends on constitutionalism, not on universality. Even if the power is exercised universally, unless it is exercised under the authority of constitutionalism, unless it depends on a certain text or provision of laws or ordinances, the exercise is arbitrary.