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Towards a framework for understanding constitutional deference 317
reasoning across different types of cases and provides a framework for such
an analysis; and fourth, and perhaps most importantly, it provides a
framework within which judges themselves should understand their
approach to a particular case. In this sense, a concept of constitutional
deference is a call for greater transparency and self-reflection in judicial
reasoning. There is no single or ‘correct’ approach to deference, or a
correct deferential standard which the court should apply, just as there can
never be a ‘correct’ understanding of democracy. Rather, what this
approach to constitutional deference hopes to bring about is a greater
consideration of the underpinning principles of constitutional deference
and greater transparency and engagement on the part of the courts and
commentators with these principles.