Legal Question in Constitutional Law in Virginia
can courts order legislation to be passed?
Can a state supreme court order a state legislature to pass legislation?
Can the US Supreme Court order Congress to pass legislation?
Can you cite examples where either have happened?
Asked on 6/29/09, 8:14 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: can courts order legislation to be passed?
The courts have no authority to do this. The Constitution mandates separation of powers between the executive, legislative and judicial branches. (I am reasonably sure that all 50 state constitutions do this.) No branch can tell either of the others what decisions to make.
Answered on 6/29/09, 8:25 pm
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