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Judicial deference information


Judicial deference is the condition of a court yielding or submitting its judgment to that of another legitimate party, such as the executive branch in the case of national defense. It is most commonly found in countries, such as the United Kingdom, which lack an entrenched constitution, as the essential purpose of such documents is to limit the power of the legislature.

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Judicial deference

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Judicial deference is the condition of a court yielding or submitting its judgment to that of another legitimate party, such as the executive branch in...

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Administrative state

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administrative state comes from judicial deference. In technical terminology, judicial deference is a standard of judicial review that that applies when...

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Warren Court

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Modern liberalism in the United States "To many people, the idea of judicial deference to the elected branches lost much of its theoretical appeal in the...

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Rational basis review

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the years following Lochner meant that Holmes' proposed doctrine of judicial deference to state interest was not immediately adopted. It was not until Nebbia...

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Liversidge v Anderson

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decision in Liversidge. It has been described as "an example of extreme judicial deference to executive decision-making, best explained by the context of wartime...

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Judge

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judge Barrister Biy Court dress Election judge Hebrew Bible judges Judicial deference Judiciary Lawyer Lay judge List of jurists Magistrate Prosecutor Public...

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Judicial review in the United States

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In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates...

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Yale Journal of Law and Feminism

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freedom, the concerns of women of color, judicial prosecution of prostitutes, criticism of judicial deference to the military, and the feminization of...

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Medical imaging

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("Interpretation of copyright law in the Compendium II is 'entitled to judicial deference if reasonable.'"). Available here; accessed Sept. 25, 2014. Per §72...

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Mazibuko v City of Johannesburg

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jurisprudence on socioeconomic rights, defined by its increased concern with judicial deference to the political branches. "Phiri water war goes to court". The Mail...

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Eighth Amendment to the United States Constitution

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271 (1980). Thus the Court declared that, within the context of judicial deference to the legislature's power to set punishments, a fine would not offend...

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Canadian Human Rights Act

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did not violate the Canadian Human Rights Act was reasonable due to judicial deference. In 2016, the government of Prime Minister Justin Trudeau introduced...

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Major questions doctrine

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two versions of the doctrine, a narrow version (a limitation on Chevron deference) and a broad version (a clear statement rule). Under the narrow version...

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Removal of cannabis from Schedule I of the Controlled Substances Act

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binding; they were created by DEA and may be altered at any time. Judicial deference to agency decisions is what has kept them in effect, despite the difference...

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Diversity training

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R.; Mellema, Virginia (November 2011). "When Organizations Rule: Judicial Deference to Institutionalized Employment Structures" (PDF). American Journal...

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Jeffrey Jowell

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‘proportionality’). This was followed by work on the related issue of ‘judicial deference’ more generally. After his involvement in the drafting process of...

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Patriot Act

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"Fourth Amendment Codification and Professor Kerr's Misguided Call for Judicial Deference". Fordham Law Review 74 (2005). Van Bergen, Jennifer. "In the Absence...

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Judicial review in Canada

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for judicial review. Courts have always shown varying degrees of deference to administrative decision makers, and determining the level of deference is...

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United States administrative law

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On judicial review, the practical reality is that a court is most likely to agree with the agency, under Skidmore deference. But Skidmore deference is...

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Kristin Hickman

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known for her scholarship on regulatory practice and judicial deference, particularly Chevron deference. Hickman earned her J.D. at Northwestern Law School...

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Judicial review in South Africa

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Klaasen, A. (2015-08-25). "Public Litigation and the Concept of "Deference" in Judicial Review". Potchefstroom Electronic Law Journal. 18 (5). doi:10.4314/pelj...

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