Show Summary Details
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 01 December 2023

p. 34713. Substantive Grounds of Judicial Reviewlocked

p. 34713. Substantive Grounds of Judicial Reviewlocked

  • Ian LovelandIan LovelandProfessor of Public Law, City, University of London


This chapter discusses the substantive grounds of judicial review: illegality, irrationality, and proportionality. Illegality covers the following: excess of power; the relevant/irrelevant considerations doctrine; unlawful delegation of power; unlawful fettering of power; and the estoppel doctrine. Irrationality is also concerned with the substantive content of a government decision, but focuses on the political or moral rather than (in the strict sense) legal character of the decision. Proportionality review can be defined as a constitutional device that requires the courts to accept that the boundaries of moral consensus within which government bodies are confined are discernibly less broad in substantive terms than those that apply in respect of irrationality-based review.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.


Access to the full content requires a subscription