Chapter

Discretion and Deference

Matthias Klatt and Moritz Meister

in The Constitutional Structure of Proportionality

Published in print July 2012 | ISBN: 9780199662463
Published online September 2012 | e-ISBN: 9780191743405 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199662463.003.0005
Discretion and Deference

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Judicial deference and different types of discretion are the focus of this chapter. This issue has a strong connection to the separation of powers within a state and the risk of a judicial usurpation of the legislative prerogative of parliament. Structural and epistemic discretion are explicated. With the help of these elements of discretion, it is argued that proportionality and balancing do not shift the power towards the judiciary.

Keywords: judicial deference; discretion; separation of powers; structural discretion; epistemic discretion

Chapter.  4140 words. 

Subjects: Constitutional and Administrative Law

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