(1) No Branch may Encroach on the powers of another;
☑ Common law governs unless a Stat. Expressly overrides it, or
is inconsistent w/ C.
☑ Once statute expressly codifie
s c/l = the court can't alter or modify it furthe
☑ judiciary can't force legis to enact statute
s to enforce non-self-executing provisions (but it could come up w/its own remedy)
☑ Executive cant suspend/modify legislatively created agencies;
☑ Legis can't force the Executive to appoint officers (25 executive agencies as per the C).
(2) No Branch may delegate to another branch its constitutionally assigned powers.
☑ line item-veto was improper until citizens' imitative made it ok.
☑ Judicial branch can't delegate the power of setting restitution payments/schedule to executive.
- (*) Exceptions--☑ Common Law; ☑ Permissible Delegations; ☑ (C) amendment permitting the encroachment.
- v Generally:
- § Inherency doctrine—
- o DCA can implicitly find a state statute unconstitutional via Article 5, § 3(b)(1).
- o However, DCA expressly declares a law Unconstitutional via article 5, § (3) (b) (3).
- § The Judiciary:
- o Interprets & applies the law; determines constitutional validity; interprets common law; and has some making functionality by nature.
- o defer to the legislature & avoid extreme remedies;
- o Enforces article 1, § 6 collectively bargained contracts by public employees, since public employees cannot strike.
- § Supreme Court May issue Advisory Opinions in certain circumstances:
- a. Article 4 & $ § 1(c), and § 10.
- i. 1(c)-- (c)—The Governor:
- 1. The governor may request in writing the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting the governor’s executive powers and duties.
- 2. The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion not earlier than ten days from the filing and docketing of the request, unless in their judgment the delay would cause public injury.
- ii. 10--Attorney General.—
- 1. The attorney general shall, as directed by general law, request the opinion of the justices of the supreme court as to the validity of any initiative petition circulated pursuant to Section 3 of Article XI.
- 2. The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion no later than April 1 of the year in which the initiative is to be submitted to the voters pursuant to Section 5 of Article XI.
- § The Judiciary Cannot:
- o delegate to state agency the task of deciding appropriate terms of punishment, or amount of restitution; [violates separation of powers by improper delegation]
- o order the legislature to act; (but may formulate its own remedy if the legislature refuses act so long as it does not violate the fla.const).
- o order the executive branch to act; (except where mandamus or prohibition should apply, or when the officers do not abide by the law, and fashion a remedy).
- o interpret a law as constitutional if the text of the law doesn’t allow for a constitutional reading;
- o interfere with administrative proceedings, until all administrative remedies are exhausted.