Tag: California courts
California Courts and Retroactivity of Criminal Statutes
While we know that a general principle of statutory construction is to apply new laws prospectively, criminal law statutes can be unique particularly problematic when it comes to their effective or operative dates. The following is a recent state appellate...
California Courts and the Legislature’s Budget Authority
Both the Legislature and the Governor in California play critical roles in the development and adoption of the state budget. Relevant provisions of state law related to the budget process are contained in Article IV of the state Constitution. So,...
California Courts and Budget-related Bills
California’s Constitution, in Article IV, Section 12, provides for a majority vote for the approval of budget-related appropriations bills. How have California courts interpreted this section of state law? “Plaintiffs next argue Assembly Bill 1X 26 does not constitute a...
California Courts and the Governor’s Emergency Proclamations
Article IV, Sections 3(b) and 10(f) deal with the Governor’s power to issue emergency proclamations related to special sessions. How have the California courts review this power? “Plaintiffs last contend that Assembly Bill 1X 26 is unconstitutional under Article IV,...
California Courts and Prospective Application of Laws
California courts follow the statutory construction principle that statutes are to be applied prospectively unless there is clear evidence that the Legislature intended retroactive application as well. What are some recent appellate court statements on the topic of prospective application...
California Courts and the Title of a Bill
One of the constitutional requirements for a bill in the California Legislature is that every bill must contain a Title. That Title plays several important roles including advising the reader of what is the general subject matter of the bill...