California, United States of America
The following excerpt is from People v. Nash, 267 Cal.Rptr.3d 148, 52 Cal.App.5th 1041 (Cal. App. 2020):
from undoing what the people have done, without the electorate's consent." [Citations.] [Citation.] In this vein, decisions frequently have asserted that courts have a duty to " jealously guard " the people's initiative power, and hence to " apply a liberal construction to this power wherever it is challenged in order that the right " to resort to the initiative process " be not improperly annulled " by a legislative body. [Citations.]" ( People v. Kelly (2010) 47 Cal.4th 1008, 1025, 103 Cal.Rptr.3d 733, 222 P.3d 186.)
Defining Criminal Conduct and Setting the Punishment that Attaches to Criminal Conduct May not be Entirely Distinct
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