Search results
Dec 19, 2019 · Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most underanalyzed and undertheorized legal concepts ...
- View Chapter
There is no canonical legal source for the meaning of...
- Acknowledgments
CP.P2 Professor Lawson is grateful to Boston University...
- Dedication
In loving memory of my mother Lea Seidman (né Carmi),...
- Defining Deference
Any inductively derived definition of deference must capture...
- Introduction: The Puzzle
A moment’s reflection reveals obvious reasons why deference,...
- View Chapter
Chevron deference. One of the most important principles in administrative law, the “Chevron deference” was coined after a landmark case, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984). The Chevron deference is referring to the doctrine of judicial deference given to administrative actions.
People also ask
Why is deference important in law?
What does deference mean?
What is legal deference?
What is deference in federal courts?
Definition. One authority’s determination to apply another authority’s decision or practice, based on the first authority’s recognition of that decision or practice as entitled to respect. In the administrative-law context, deference refers to judicial acceptance of an agency's interpretation of the agency's rules, policies, and authority.
The meaning of DEFERENCE is respect and esteem due a superior or an elder; also : affected or ingratiating regard for another's wishes. How to use deference in a sentence.
Dec 19, 2019 · Any inductively derived definition of deference must capture this range. Accordingly, deference is best defined through an inductive methodology such as “The giving by a legal actor of some measure of consideration or weight to the decision of another actor in exercising the deferring actor’s function.”. Deference can be mandatory ...
Deference (also called submission or passivity) is the condition of submitting to the espoused, legitimate influence of one's superior or superiors. [1] Deference implies a yielding or submitting to the judgment of a recognized superior, out of respect or reverence. Deference has been studied extensively by political scientists, sociologists ...
Judicial deference. 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 ...