Deference definition

Deference in this context means that when local land use decisions are appealed to LUBA, the Court of Appeals, or the Oregon Supreme Court, the appellate bodies generally will not substitute their own judgment for that of local officials. Instead, they will “defer” to the local decision makers.
Deference means a non-Article-III authority’s “displacement of what might have been the judicial view res nova,” i.e., “displacement of judicial judgment.” Henry P. Monaghan, Marbury and Administrative Law, 83 COLUM. L. REV. 1, 5 (1983) [hereinafter Monaghan, Marbury].
Deference means yielding to the opinion, wishes, or judgment of

Examples of Deference in a sentence

  • The installation of line cards and other minor modifications shall be performed by CenturyLink on shorter intervals and in no instance shall any such interval exceed thirty (30) Days.

  • Deference is given to the original Hearing Administrator or CSB’s findings of fact and decision of responsibility and/or any sanctions, therefore the burden of proof is on the Respondent (or Reporter in 02.

  • Deference in Investment Treaty Arbitration: Re-conceptualizing the Standard of Review.

  • H4 (US Pressure): The ICC is more likely to prosecute a person if prosecuting that person aligns with the interests of the US government H5 (Deference to Sovereigns) : The ICC is more likely to prosecute a person that is not part of a state’s government.

  • Deference to Arbitration Decisions Generally: Arbitration clauses of any kind are not explicitly upheld as a matter of routine by the courts in the United States.

  • In other words: a broad margin 239 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ‘Balancing Investment Protection and the Public Interest: The Role of the Standard of Review and the Importance of Deference in Investor-State Arbitration’ (2013) 4 Journal of International Dispute Settlement 197, 210-213.

  • Some tribunals appear to perceive deference as a “strategic approach,”237 for example by emphasising the necessity of maintaining “both governmental and public faith in the integrity of the process of arbitration.”238 Differences in institutional 233 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ‘Balancing Investment Protection and the Public Interest: The Role of the Standard of Review and the Importance of Deference in Investor-State Arbitration’ (2013) 4 Journal of International Dispute Settlement 197, 199 fn 8.

  • H6 (Deference to Alternative Tribunals): The ICC is less likely to prosecute a person who is already being prosecuted by an existing criminal tribunal.

  • Balancing Investment Protection and Sustainable Development in Investor-State Arbitration: The Role of Deference.

  • Deference due the General Assembly requires that doubt be resolved against nullifying its action if possible to do so by any reasonable construction of its action or by any reasonable construction of the Constitution.

Related to Deference

  • Claimant means a person who believes that he or she is being denied a benefit to which he or she is entitled hereunder.

  • Maximum Legal Rate means the maximum nonusurious interest rate, if any, that at any time or from time to time may be contracted for, taken, reserved, charged or received on the indebtedness evidenced by the Note and as provided for herein or the other Loan Documents, under the laws of such state or states whose laws are held by any court of competent jurisdiction to govern the interest rate provisions of the Loan.

  • Fair Hearing means the State hearing provided to beneficiaries pursuant to Title 22, CCR, Sections 50951 and 50953. All fair hearings requested by beneficiaries shall comply with 42 CFR §§ 431.220(a)(5), 438.408(f), 438.414, and 438.10(g)(1).

  • Hearing means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

  • Expense Advance means any payment of Expenses advanced to Indemnitee by the Company pursuant to Section 4 or Section 5 hereof.