What is the test for determining whether a state legislature has sufficient authority to exercise its own legislative powers?

California, United States of America


The following excerpt is from People v. Superior Court of Orange Cnty., 1 Cal.App.5th 892, 205 Cal.Rptr.3d 200 (Cal. App. 2016):

The focus in questions of separation of powers is the degree to which [the] governmental arrangements comport with, or threaten to undermine, either the independence and integrity of one of the branches ... or the ability of each to fulfill its mission in checking the others so as to preserve the interdependence without which independence can become domination. [Citation.] (City of Sacramento v. California State Legislature (1986) 187 Cal.App.3d 393, 398399, 231 Cal.Rptr. 686.)

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