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Glossary

Standard of review

common-lawconstitutional

The intensity with which a court scrutinises the decision under challenge.

In more detail

Ranges from deferential reasonableness or rationality review to close proportionality analysis and, in US constitutional law, tiered scrutiny. The standard often determines the outcome, so arguments about which standard applies are frequently the real battleground.

Related terms

  • judicial-review
  • proportionality
  • burden-of-proof

See how this applies to you

Definitions are general. How a term operates depends on the jurisdiction you are in.