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What is the purpose of a proposition but to limit the power of the legislature? If the legislature can just go against whatever the proposition says what is the
by tick_tock_tick 5y ago
What is the purpose of a proposition but to limit the power of the legislature? If the legislature can just go against whatever the proposition says what is the point of a proposition?
- jdavis703 5y agoThe law requires a super-majority in order to change any aspects of the law. The supermajority requirement goes above what’s in the constitution. At least that’s my interpretation as a non-lawyer.
- comex 5y agoRead the ruling: https://www.icloud.com/iclouddrive/0cX7qwGAjt1KIb8JSCUUKLqDA#521033973 https://www.icloud.com/iclouddrive/0cX7qwGAjt1KIb8JSCUUKLqDA... In short, California’s Constitution says that the Legislature has “plenary power, unlimited by any provision of this Constitution, to create, and enforce a complete system of workers’ compensation”, and the judge ruled that “any provision of this Constitution” includes the provision saying that the Legislature can’t override propositions.
- nickff 5y agoI think you're reading the ruling correctly, but the judge's understanding of the constitution would also imply that state courts would not be able to limit the Legislature's "system of workers’ compensation" (because the state constitution is what delegates power to the courts). I don't think this makes sense.
- sudosysgen 5y agoIndeed, that's what it says and it does make sense, at least to me.