(DOWNLOAD) "State Ex. Rel. Stephan v. Kan. House of Representatives" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: State Ex. Rel. Stephan v. Kan. House of Representatives
- Author : Supreme Court of Kansas
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
The opinion of the court was delivered by This is an original action in quo warranto and mandamus brought by the state on relation of the attorney general against the respondents Kansas House of Representatives, Kansas Senate and Kansas Governor, John Carlin, seeking a determination of the constitutionality of K.S.A. 1983 Supp. 77-426(c) and (d). This statute provides the legislature may adopt, modify or revoke administrative rules and regulations by concurrent resolutions passed by the legislature without presentment to the governor. It is challenged as being violative of the constitutional doctrine of separation of powers by authorizing the legislature to usurp the executive power to administer and enforce laws. It is also argued the statute violates the procedures mandated in art. 2, 脗§脗§ 14, 20 of the Kansas Constitution concerning the proper enactment of laws. Concurrent resolutions were adopted by the legislature pursuant to this statute during the 1983 and 1984 legislative sessions. This action is brought not only to test the validity of the statute, but also to challenge the actions of the legislature pursuant to the statute. The governor was named a respondent for the stated reason that it is necessary for this court to issue an order directing the governor as to the proper law to be executed by the executive branch of government. The legislature in its memorandum filed with this court does not brief the merits of this case addressed by the attorney general in this quo warranto and mandamus action. Therefore, we shall first address the issues raised by the legislature in its Motion to Dismiss, filed as its response.
 "State Ex. Rel. Stephan v. Kan. House of Representatives" by Supreme Court of Kansas # Book PDF Kindle ePub Free){kind=link}