Deference

Deference

Definition

One authority’s determination to apply another authority’s decision or practice, based on the first authority’s recognition of that decision or practice as entitled to respect. In the administrative-law context, deference refers to judicial acceptance of an agency's interpretation of the agency's rules, policies, and authority. In federal habeas law, deference or AEDPA deference refers to the scope of review that a federal court may apply to a state court’s adjudication of a defendant’s federal constitutional claims under 28 U.S.C. § 2254(d).

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