Judicial Review in English Law - Grounds For Review

Grounds For Review

In Council of Civil Service Unions v Minister for the Civil Service AC 374, Lord Diplock summarised the grounds for reversing an administrative decision by way of judicial review as follows:

  • Illegality
  • Irrationality (Unreasonableness)
  • Procedural impropriety

The first two grounds are known as substantive grounds of judicial review because they relate to the substance of the disputed decision. Procedural impropriety is a procedural ground because it is aimed at the decision-making procedure rather than the content of the decision itself. The three grounds are mere indications: the same set of facts may give rise to two or all three grounds for judicial review.

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