Can the courts invalidate legislation that would have changed the state's constitution?

California, United States of America


The following excerpt is from Nat'l Shooting Sports Found., Inc. v. State, 210 Cal.Rptr.3d 867, 6 Cal.App.5th 298 (Cal. App. 2016):

Nevertheless, the judiciary can invalidate legislation if there is some overriding constitutional, statutory or charter proscription. (City and County of San Francisco v. Cooper (1975) 13 Cal.3d 898, 915, 120 Cal.Rptr. 707, 534 P.2d 403.) Appellants argue such a statutory proscription

[210 Cal.Rptr.3d 873]

Other Questions


On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Does a stipulation stating that a litigant must consent to the stipulation stated in open court constitute consent? (California, United States of America)
How have courts treated criticism of legislation in the context of legislation being challenged in the courts? (California, United States of America)
Is a statute restricting judicial review of administrative decisions to the appellate courts within the legislative powers implied or not specified by the Constitution? (California, United States of America)
Does the Court of Appeal have found that Defendant Joiner did not waive his assumed constitutional right to be personally present at the remand hearing and that the court erred in conducting that hearing in his absence? (California, United States of America)
What considerations do courts consider when determining whether a bank is subject to partial preemption from a state's anti-discrimination legislation? (California, United States of America)
How have courts interpreted testimony by a defendant's wife during the trial of a convicted murderer who changed his work schedule so he would not have to drive during his wife's pregnancy? (California, United States of America)
How have the courts interpreted section 30(e) of the US Constitution on the grounds that the provisions of article 30(E) of Section 50(e of the Civil Rights Act are invalid? (California, United States of America)
How have the courts treated a husband's out of court declaration to prove his wife's state of mind? (California, United States of America)
Does the denial of access to the courts by the Department of Justice to defend a civil case against a defendant who is not able to pay for a lawyer to represent him in court constitute a prima facie equal protection violation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.