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 National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military attac ...

. 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 A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

United Kingdom

In ''Regina v. Director of Public Prosecutions Ex Parte Kebeline and Others''

999 999 or triple nine most often refers to: * 999 (emergency telephone number), a telephone number for the emergency services in several countries * 999 (number), an integer * AD 999, a year * 999 BC, a year Books * ''999'' (anthology) or ''999: T ...

Lord Hope explained that courts should "defer, on democratic grounds, to the considered opinion of the elected body as to where the balance is to be struck between the rights of the individual and the needs of society". Nevertheless, the doctrine has been criticised for representing a way in which the courts should act obediently to the

British Parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...

to uphold the doctrine of

parliamentary sovereignty Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...

. However, any suggestions that the

House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...

was being unduly servile to Parliament were overturned by ''A v Home Secretary''

005 ''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...

In the case, detainees imprisoned without charge under section 23 of the Anti-terrorism, Crime and Security Act 2001, on the grounds that they posed a threat to national security, appealed successfully against their detention. The court held that the powers of detention without charge had discriminatory impact (Articles 5 and 14 of the Human Rights Act 1998).

United States

There are some examples of judicial deference in the United States, despite its entrenched constitution. For example, in immigration law, the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

has historically sought to allow the explicit constitutional authority of the

US Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...

. An example is

US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...

decision ''Fiallo v. Bell'' (1977). The same restraint is requested in foreign affairs as not-judicable matters,Kirk A. Randazzo, ''Defenders of Liberty or Champions of Security? Federal Courts, the Hierarchy of Justice, and U.S. Foreign Policy'', 1438430477, 9781438430478, SUNY Press 2010. to safeguard the executive branch. '' Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.'' presents the Supreme Court reasoning on when to defer to an agency's interpretation.

United Kingdom

United States

References

See also