(Talking about Wisconsin Supreme Court here.)
ADDED: Here is the opinion, which is based on the proper role of the courts in a system of separation of powers:
In Goodland v. Zimmerman, 243 Wis. 459, 10 N.W.2d 180 (1943), the court... explained that the “judicial department has no jurisdiction or right to interfere with the legislative process. That is something committed by the constitution entirely to the legislature itself.” Id. at 467. The court held that “[b]ecause under our system of constitutional government, no one of the co-ordinate departments can interfere with the discharge of the constitutional duties of one of the other departments, no court has jurisdiction to enjoin the legislative process at any point.” Id. at 468. The court noted that “[i]f a court can intervene and prohibit the publication of an act, the court determines what shall be law and not the legislature. If the court does that, it does not in terms legislate but it invades the constitutional power of the legislature to declare what shall become law. This [a court] may not do.” Id.So Judge Sumi, asserting that the legislature had violated the law, herself violated the state constitution. Seeking to check the excesses of the legislature, she fell into judicial excess.
... [W]hether a court can enjoin a bill is a matter of great public importance and also because it appears necessary to confirm that Goodland remains the law that all courts must follow.... Accordingly, because the circuit court did not follow the court’s directive in Goodland, it exceeded its jurisdiction, invaded the legislature’s constitutional powers under Article IV, Section 1 and Section 17 of the Wisconsin Constitution, and erred in enjoining the publication and further implementation of the Act.
0 comments:
Post a Comment