Judicial deference

Alright kiddo, let me explain to you what judicial deference means in a way you can understand.

Imagine you're playing a game with your friends and your parent is watching. Your friends disagree on a rule and ask your parent to make a decision. Your parent listens to both sides, and then decides to let you and your friends figure it out for yourselves. Your parent has shown deference towards you and your friends, allowing you to make the decision instead of making it for you.

In a similar way, the judicial system has a concept called judicial deference. This means that when a decision needs to be made, the court will sometimes defer, or give respect and trust, to another branch of government or an expert in the field, rather than making the decision itself.

For example, if a law is being challenged in court based on its constitutionality, the court may defer to the legislative branch, who wrote and passed the law, and assume that the law is constitutionally sound unless there is a very good reason to think otherwise. This is called legislative deference.

Another example is when a court is deciding a case where technical, scientific, or specialized expertise is needed. The court may defer to an expert in that field and use their opinion to help make a decision. This is called expert deference.

In both cases, the court is showing respect and trust for another branch of government or an expert, and not making a decision on its own. This is known as judicial deference, which is an important part of our political system that helps maintain a balance of power and expertise.