Construct · 1 fields · 1 citations

Thayerian deference: a standalone construct

One name. One construct. A landmark on the map.

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Thayeriandeference1 CONSTRUCTThayerian deference THAYER · CONSTITUTIONAL LAW

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Constitutional law

the rule that courts should strike down legislation only when its unconstitutionality is so clear it is not open to rational question.

In constitutional law, Thayerian deference refers to the rule that courts should strike down legislation only when its unconstitutionality is so clear it is not open to rational question. This meaning comes from Thayer (1893) in Harvard Law Review.[1]

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strike1 fields · 2 citationsanchor · a standalone construct

References

  1. Thayer, J. B. (1893). The Origin and Scope of the American Doctrine of Constitutional Law. Harvard Law Review, 7(3), 129. https://doi.org/10.2307/1322284

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