This article explores two questions. First, in adjudicating claims under the Human Rights Act
1998 (HRA), should the court defer to the executive or legislature on the ground that the …

1. Deference involves the principle that the courts (out of respect for the legislature or
executive) will decline to make their own independent judgment on a particular issue. The …

While a court must respect the sphere of decision-making autonomy properly enjoyed by a
public authority, a general doctrine of deference is unlikely to furnish a useful means of …

Courts reviewing agency action frequently point to superior political accountability and
expertise as justifying deference to agencies. These fundamentals of deference often …

In this Essay, I begin by describing two contrasting models of judicial decision making. The
traditional, law-based model posits that judges, if left to their own devices, will do their best …

Realm of Political Rhetoric, 1 makes an outstanding contribution to the growing literature on
the subject of judicial independence. His taxonomy setting forth three categories of judicial …

In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass
demonstrations to express their contempt for violence as a means of political pressure. The …

" Due deference"-the giving of appropriate weight to the government's judgment in the
court's reasoning-is a tool that courts use to maintain the separation of powers in …

Today, no one seriously challenges the descriptive premise that presidential preferences
influence the decisions of administrative agencies. But this view of agency decisionmaking …

Judges in the American legal system are expected to be neutral. To this end, judges are
required to recuse themselves whenever their impartiality might reasonably be questioned …