Judicial deference is the condition of a court yielding or submitting its judgment to that of another legitimate party, such as the executive branch in the case of national defense.
It is most commonly found in countries, such as the United Kingdom, which lack an entrenched constitution, as the essential purpose of such documents is to limit the power of the legislature.
In Regina v. Director of Public Prosecutions Ex Parte Kebeline and Others [1999], Lord Hope explained that courts should "defer, on democratic grounds, to the considered opinion of the elected body as to where the balance is to be struck between the rights of the individual and the needs of society".
The court held that the powers of detention without charge had discriminatory impact (Articles 5 and 14 of the Human Rights Act 1998).
For example, in immigration law, the judiciary has historically sought to allow the explicit constitutional authority of the US Congress.