legislative branch of government

Frequently Asked Questions about Legislative Delegation of Authority in California

December 24, 2023 2:45 amDecember 24, 2023 2:46 am

Is the legislative branch of government the only branch to make laws? No, the executive branch state agencies and departments that administer the law need to engage in rulemaking activities, which are quasi-legislative in nature. By what authority does the...

Should Legislative Grants of Rulemaking Authority Always Include Specific Guidance from the Legislature?

August 1, 2023 6:54 amAugust 1, 2023 7:01 am

Under constitutional separation-of-powers provisions, generally the laws are enacted by the legislative branch of government, the laws are administered by the executive branch, and the laws are interpreted by the judicial branch. California’s Constitution, in fact, provides specifically for this...

CA Legislature Should Stop Adopting Administrative Procedure Acts Exemptions

July 13, 2021 4:30 amJuly 12, 2021 10:12 pm

A fundamental purpose of both the federal and California Administrative Procedure Acts (APA) is to allow public participation in the federal and state rulemaking processes. This is where the executive branch of government engages in quasi-legislative activities by adopting rules...