Can a future amendment to the constitution be considered moot?

California, United States of America


The following excerpt is from People v. Hawkins, E067165 (Cal. App. 2018):

not a moot question or abstract proposition . . . . [As] a general rule it is not within the function of the court to act upon or decide a moot question or speculative, theoretical or abstract question or proposition, or a purely academic question, or to give an advisory opinion on such a question or proposition . . . ."' [Citation.]" (In re I.A. (2011) 201 Cal.App.4th 1484, 1490.) The speculative possibility of a future amendment presents no actual controversy for this court to decide. (Los Angeles County v. Butcher (1957) 155 Cal.App.2d 744, 747 [appeal from denial of injunction against sales of land parcels was moot because all parcels had been sold; possibility that some purchasers might default, which would allow the defendants to resell their parcels, was too speculative to prevent mootness].)

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