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In the utilities, tax and economic regulation cases,
there are good reasons for judicial self-restraint if
not judicial deference to legislative judgment. The
legislature after all has the affirmative
responsibility. The courts have only the power to
destroy, not to reconstruct. When these are added
to the complexity of economic regulation, the
uncertainty, the liability to error, the bewildering
conflict of the experts, and the number of times the
judges have been overruled by events self-
limitation can be seen to be the path to judicial
wisdom and institutional prestige and stability.