Journal article
Judicial review: substance and procedure
- Abstract:
- In this article we distinguish two questions about judicial review. First, substance: what acts or decisions are properly subject to the grounds of review? Second, procedure: what acts or decisions are properly reviewable through the judicial review procedure? Then we settle both. Our answer to substance is that two principles determine the scope of the grounds of review, the first a principle of regularity, the second a principle of non-arbitrariness. Our answer to procedure is that acts or decisions are amenable to judicial review when two conditions are met, the first that the grounds of review apply, the second that no alternative procedure adequately enforces those grounds.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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(Preview, Version of record, pdf, 324.4KB, Terms of use)
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- Publisher copy:
- 10.1111/1468-2230.70020
Authors
- Publisher:
- Wiley
- Journal:
- Modern Law Review More from this journal
- Publication date:
- 2026-01-13
- Acceptance date:
- 2025-11-11
- DOI:
- EISSN:
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1468-2230
- ISSN:
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0026-7961
- Language:
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English
- Pubs id:
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2299885
- UUID:
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uuid_84e70567-5f00-44a1-a60f-22224fbeda68
- Local pid:
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pubs:2299885
- Source identifiers:
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3660690
- Deposit date:
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2026-01-14
- ARK identifier:
Terms of use
- Copyright holder:
- Perry and Ryu
- Copyright date:
- 2025
- Rights statement:
- © 2025 The Author(s). The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited. This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.
- Licence:
- CC Attribution (CC BY)
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