What is the role of the courts in determining whether a motion by the California Assembly is unconstitutional?

California, United States of America


The following excerpt is from Spindler Realty Corp. v. Monning, 243 Cal.App.2d 255, 53 Cal.Rptr. 7 (Cal. App. 1966):

The rule as to the function of the courts in such cases is well summed up in Lockard v. City of Los Angeles, 33 Cal.2d 453, 461--462, 202 P.2d 38, 43, 7 A.L.R.2d 990: 'The duty to uphold the legislative power is as much the duty of appellate courts as it is of trial courts, and under the doctrine of separation of powers neither the trial nor appellate courts are authorized to 'review' legislative determinations. The only function of the [243 Cal.App.2d 273] courts is to determine whether the exercise of legislative power has exceeded constitutional limitations.'

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