The Dangerous Doctrine of Deference

• Main Author: LEE, Jack Tsen-Ta
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2008
• Subjects: Administrative law; constitutional law; deference; interpretation of bills of rights; non-justiciability; Public Law and Legal Theory
• Online Access: https://ink.library.smu.edu.sg/sol_research_smu/11
• Institution: Singapore Management University

This paper examines if, in the course of interpreting a bill of rights, there are situations in which the judiciary of a nation with a Westminster-style constitution ought to decline to make a decision in preference to a prior choice on the matter made by either the executive or legislative branch o...