How have the courts interpreted the provisions in the constitution and in other legislation dealing with the power of the initiative?

California, United States of America


The following excerpt is from County of San Bernardino v. State, 217 Cal.App.3d 1153, 266 Cal.Rptr. 442 (Cal. App. 1990):

"[Initiative] provisions of the Constitution and of charters and statutes should, as a general rule, be liberally construed in favor of the reserved power. [Citations.] As opposed to that principle, however, 'in examining and ascertaining the intention of the people with respect to the scope and nature of those ... powers, it is proper and important to consider what the consequences of applying it to a particular act of legislation would be, and if upon such consideration it be found that by so applying it the inevitable effect would be greatly to impair or wholly destroy the efficacy of some other governmental power, the practical application of which is essential and, perhaps, ... indispensable, to the convenience, comfort, and well-being of the inhabitants of certain legally established districts or subdivisions of the state or of the whole state, then in such case the courts may and should assume that the people intended no such result to flow from the application of those powers and that they do not so apply.' [Citation.]" (Hunt v. Mayor & Council of Riverside (1948) 31 Cal.2d 619, 628-629, 191 P.2d 426.)

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