Look up deference in Wiktionary, the free dictionary.
Deference denotes the extent to which a court respects the authority or validity of a government act or decision during the process of judicial review. If the court exhibits less deference, this may contribute to a finding that the government acted ultra vires, or beyond its power. Wikipedia does not have an article with this exact name. ... Wiktionary (from wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 150 languages. ... Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice. ... Ultra vires is a Latin phrase that literally means beyond the power. ...
Influencing factors include:
The nature of the decision (poly-centric, human rights and/or individual liberties usually attract less deference or more scrutiny).
Decisions which impact on individuals attract more scrutiny
If the decision makers have a higher level of skill or expertise in the area in question, the court will pay greater deference to their decision.
If the decision involves a factual, as apposed to legal inquiry, a court will pay higher deference to the decision.
If there are other controls on the decision makers, there will also be less judicial scrutiny (e.g. ombudsmen, auditors,). Also if the decision making body is democratically elected there is less scrutiny due, because decision makers are 'controlled' by their electors.
Human rights are rights which some hold to be inalienable and belonging to all humans. ...
External links
Baker v. Canada, a case relating to the legal sense of deference
In this model, a set of fifty-five concentric crystalline spheres were considered to hold the Sun, the planets, and the stars.
These spheres (called deferents) revolved at varying velocities around the Earth to account for the rising and setting of celestial objects every day.
The epicycles were themselves attached to the deferents; the simultaneous revolution of both sets of spheres created an occasional apparent reversal of the planets' motions across the skies of the Earth.
He further supposed that the distance from the Earth to the center of the deferent was equal to the distance from the center of the deferent to the equant.
The planes of the deferents of the planets were believed to be inclined at small angles to the plane of the ecliptic, while the planes of their epicycles were inclined by equal amounts to those of the deferents, so that the planes of the epicycles would always parallel that of the ecliptic.
The planes of the deferents of Mercury and Venus were assumed to oscillate above and below the plane of the ecliptic, and likewise the planes of their epicycles were thought to oscillate with respect to the planes of the deferents.
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