Deference to Administrative Authorities – General Doctrine and Lessons from the Covid Emergency
We originally hoped to present our 2019 book on Deference (OUP) in the 2020 conference. We explained there both why deference is such an important concepts – as a way to decide hope to deal with previous decision – and aimed to provide a definition of and vocabulary for deference. At the time. we found deference highly underanalyzed and undertheorized. Since 2019 we learned: (1) That while we focused on deference in the US, similar questions about its’ legitimacy, legality and practice arise in many other jurisdictions. (2) That the potential danger of deference to administrative authorities is greatly augmented in times of emergency, such as the ours, when the power of the administration grows while judicial and political oversight lessens – deference potentially exacerbates such tendencies. We hope this panel offered will encourage wider, comparative, even interdisciplinary analysis of deference, with, the potent for an edited volume on deference in comparative perspective.