Violating the separation of powers

Does the Legislature Violate the Separation of Powers Doctrine by Exempting Regulations from the APA Process?

July 29, 2022 6:23 amJuly 29, 2022 6:29 am

I have previously raised public policy concerns with the Legislature, when delegating part of its constitutional lawmaking authority to the executive branch and its administrative agencies, exempting regulations from complying with the California Administrative Procedure Act (APA). The fundamental goal...

Why Might a Bill Be Declared Unconstitutional?

October 13, 2020 6:24 amOctober 14, 2020 12:42 pm

On occasion, a California statute in challenged in state or federal court as possibly violating the California or United States Constitutions. What might be the basis for these constitutional challenges of state-enacted statutes? One basis is “vagueness,” which essentially means...