Deference Discussion Judicial Deference: Does Thesis

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"Although the courts often speak in terms of deference, they follow no consistent or predictable pattern in deciding whether to defer in a given case. Moreover, blanket judicial deference to legislative fact-finding would not be a wise general rule. Because social fact-finding plays a decisive role in constitutional analysis, blind judicial deference would undermine the courts' responsibility to protect individual rights," as in the case of Brown v.

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Board of Education, where the psychological facts in terms of the impact of segregation upon young black students was part of the court's justification for its decision outlawing segregation (Borgmann 2008)

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