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by dctoedt
924 days ago
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> There... isn't such a norm (at least not in the American system) courts defer to legislatures on matters of policy, not fact. There's a norm that appellate courts in most cases have some deference to lower courts on findings of fact, reviewing them only for unreasonableness, but nothing about courts deferring to legislatures about matters of fact. That's very much an overstatement, and arguably even flat-out incorrect. See https://repository.law.umich.edu/cgi/viewcontent.cgi?article... |
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