enrolled bill doctrine (Pennsylvania) · Go Syfert
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enrolled bill doctrine in Pennsylvania

12 Pennsylvania opinions name it 2 courts 1986–2011 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Kilgore v. Mageegreen
pa · 1877 · cited in 8 Pennsylvania opinions naming this issue, 1986–2005
2 sentences

1996The Courts have abstained from consideration of many perceived procedural irregularities under the enrolled bill doctrine, which, as explained in Kilgore v. Magee, 85 Pa. 401, 412 (1877), states that: [Wjhen a law has been passed and approved and certified in dué form, it is not part of the duty of the judiciary to go behind the law as duly certified to inquire into the observance of its passage....

1996The courts have abstained from consideration of many perceived procedural irregularities under the enrolled bill doctrine, which, as explained in Kilgore v. Magee, 85 Pa. 401, 412 (1877), states that: [W]hen a law has been passed and approved and certified in due form, it is not part of the duty of the judiciary to go behind the law as duly certified to inquire into the observance of its passage. ...

68
Consumer Party of Pennsylvania v. Com.green
pa · 1986 · cited in 3 Pennsylvania opinions naming this issue, 1995–2002
2 sentences

2002See Consumer Party v. Commonwealth, 510 Pa. 158 , 507 A.2d 323 (1986). 14 .

2002See Consumer Party v. Commonwealth, 510 Pa. 158 , 507 A.2d 323 (1986). 14 .

33
Mikell v. Philadelphia School Districtgreen
pa · 1948 · cited in 3 Pennsylvania opinions naming this issue, 1986–2002
2 sentences

2002Applying a strict application of the enrolled bill doctrine, we stated, "in order to show that Act No. 319 was introduced in the General Assembly as a Senate bill, evidence aliunde is necessary for which purpose legislative journals, records and reports are not competent.” 58 A.2d at 345 .

1986Our abstention in this area has been articulated by employing the enrolled bill doctrine, [13] see, e.g., Mikell v. School District of Philadelphia, 359 Pa. 113 , 58 A.2d 339 (1948); Kilgore v. Magee, 85 Pa. 401, 412 (1877); Speer v. Plank-Road Co., 22 Pa. 376, 378 (1853); or a determination that a provision is directory and not mandatory.

13
Speer v. Plank-Road Co.green
pa · 1853 · cited in 2 Pennsylvania opinions naming this issue, 1986–1988
2 sentences

1988Turning first to the claim of the legislatures failure to comply with Article III, Section 3, we initially note that the Attorney General contends that this is not a justiciable issue under the enrolled bill doctrine announced in cases such as Speer v. Plank Road Co., 22 Pa. 376 (1853) and Kilgore v. Magee, 85 Pa. 401 (1877).

1986Our abstention in this area has been articulated by employing the enrolled bill doctrine, [13] see, e.g., Mikell v. School District of Philadelphia, 359 Pa. 113 , 58 A.2d 339 (1948); Kilgore v. Magee, 85 Pa. 401, 412 (1877); Speer v. Plank-Road Co., 22 Pa. 376, 378 (1853); or a determination that a provision is directory and not mandatory.

12
League of Women Voters v. Commonwealthgreen
pacommwct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 1998–1998
2 sentences

1998See, e.g., League of Women Voters v. Commonwealth, 692 A.2d 263, 273 (Pa.Cmwlth.1997)(the court took judicial notice of legislative journals as well as various versions of the Senate Bill in that case, thus looking behind the enrolled bill and yet concluded that “judicial scrutiny of petitioners’ constitutional claims is barred by the Enrolled Bill doctrine.”).

1998See, e.g., League of Women Voters v. Commonwealth, 692 A.2d 263, 273 (Pa.Cmwlth.1997)(the court took judicial notice of legislative journals as well as various versions of the Senate Bill in that case, thus looking behind the enrolled bill and yet concluded that “judicial scrutiny of petitioners’ constitutional claims is barred by the Enrolled Bill doctrine.”).

11
Altoona City v. Bowmangreen
pa · 1895 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987See Altoona City v. Bowman, 171 Pa. 307 , 33 A. 187 (1895), and Mixell v. Hellertown Borough Council, 374 Pa. 412 , 97 A.2d 822 (1953), respectively.

1987See Altoona City v. Bowman, 171 Pa. 307 , 33 A. 187 (1895), and Mixell v. Hellertown Borough Council, 374 Pa. 412 , 97 A.2d 822 (1953), respectively.

11
Meixell v. Hellertown Borough Councilgreen
pa · 1953 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987See Altoona City v. Bowman, 171 Pa. 307 , 33 A. 187 (1895), and Mixell v. Hellertown Borough Council, 374 Pa. 412 , 97 A.2d 822 (1953), respectively.

1987See Altoona City v. Bowman, 171 Pa. 307 , 33 A. 187 (1895), and Mixell v. Hellertown Borough Council, 374 Pa. 412 , 97 A.2d 822 (1953), respectively.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
City of Philadelphia v. Commonwealth green
pa · 2003
2 sentences

2011“One aspect of such restraint has been the principle, embodied in the enrolled bill doctrine, that, once a statute is attested by the presiding officers of the Legislature, approved by the Governor, and officially lodged, it is presumed to have been enacted in the manner required by law.” Id.

2011The doctrine provides that “the subjective, individualized motivations or impressions of specific legislators would not be an appropriate basis upon which to rest a determination as to its validity.” Id.

12011–2011
Dintzis v. Hayden green
pacommwct · 1992
2 sentences

1997Dintzis v. Hayden, 146 Pa.Cmwlth. 618 , 606 A.2d 660 (1992).

1997Dintzis v. Hayden, 146 Pa.Cmwlth. 618 , 606 A.2d 660 (1992).

11997–1997
Common Cause of Pennsylvania v. Commonwealth green
pacommwct · 1995
1 sentence

1996The presumption in favor of regularity is essential to the peace and order of the state. 668 A.2d at 195 .

11996–1996
Armstrong v. King green
· 1924
2 sentences

1986See, e.g., Mikell v. School District of Philadelphia, supra, 359 Pa. at 123-124, 58 A.2d at 344: The legal distinction between directory and mandatory laws is as applicable to fundamental as it is to statutory law: Armstrong v. King, 281 Pa. 207, 216 , 126 A. 263 .

1986See, e.g., Mikell v. School District of Philadelphia, supra, 359 Pa. at 123-124, 58 A.2d at 344: The legal distinction between directory and mandatory laws is as applicable to fundamental as it is to statutory law: Armstrong v. King, 281 Pa. 207, 216 , 126 A. 263 .

11986–1986

Where else courts name it

IL 22 (1980–2025) TX 15 (1969–2024) WA 13 (1915–2018) PA 12 (1986–2011) AZ 2 (1933–1951) MO 2 (2018–2018) OR 2 (1945–1945) SC 2 (1936–1999) DE 2 (1970–1986)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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