" 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 …

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 …

This article analyses the Canadian constitutional case-law in which the Supreme Court uses
the doctrine of deference, and considers the justifications for this doctrine. The two main …

Around the world, it is common for courts to defer to executive or legislative authorities in
adjudicating human rights issues, on the ground that the latter possess more expertise or …

The High Court's tentative moves toward adopting structured proportionality as a method of
constitutional review have been hampered by concerns about the separation of powers. This …

Judicial deference to the decisions and actions of statutory and prerogative authorities is a
key principle of Canadian judicial review law. In its current incarnation, it frequently requires …

Judicial deference to the administration is a concept and legal practice that is present to a
greater or lesser degree in every constitutional system. The analysis of the national reports …

After Japan bombed Pearl Harbor, the United States government initiated a series of policies
to restrict the freedom of over 100,000 American citizens of Japanese ancestry living on 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 …

One view among the judiciary in Hong Kong is that courts should defer to the government's
position in adjudicating the constitutionality of policies, because courts are institutionally and …