California, United States of America
The following excerpt is from City of Los Angeles v. Gage, 127 Cal.App.2d 442, 274 P.2d 34 (Cal. App. 1954):
'In considering the scope or nature of appellate review in a case of this type we must keep in mind the fact that the courts are examining the act of a coordinate branch of the government--the legislative--in a field in which it has paramount authority, and not reviewing the decision of a lower tribunal or of a fact-finding body. Courts have nothing to do with the wisdom of laws or regulations, and the legislative power must be upheld unless manifestly abused so as to infringe on constitutional guaranties. 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 courts is to determine whether the exercise of legislative power has exceeded constitutional limitations. As applied to the case at hand, the function of this court is to determine whether the record shows a reasonable basis for the action of the zoning authorities, and, if the reasonableness of the ordinance is fairly debatable, the [127 Cal.App.2d 452] legislative determination will not be disturbed.' Lockard v. City of Los Angeles, 33 Cal.2d 453, 461, 202 P.2d 38, 43, 7 A.L.R.2d 990.
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