non-delegation doctrine (Colorado) · Go Syfert
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non-delegation doctrine in Colorado

5 Colorado opinions name it 2 courts 1983–2020 0 in the last five years

The cases below were cited by Colorado 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 (2)

CaseFollowedCited
People Ex Rel. Dunbar v. Giordanogreen
colo · 1971 · cited in 1 Colorado opinions naming this issue, 2020–2020
1 sentence

2020Dunbar v. Giordano, 481 P.2d 415, 416 (Colo. 1971) (“It is a general rule of law that a legislative body may not delegate the power to make a law or define a law, but it may delegate the power to determine some fact or state of things to effectuate the purpose of the law.”). 9 ¶19 This so-called non-delegation doctrine derives from the constitutional separation of powers.

11
City & County of Denver v. Denver Firefighters Local No. 858green
colo · 1983 · cited in 1 Colorado opinions naming this issue, 1990–1990
1 sentence

1990See Denver v. Denver Firefighters Local No. 858, 663 P.2d 1032 (Colo.1983); Littleton Education Ass’n v. Arapahoe County School District, 191 Colo. 411 , 553 P.2d 793 (1976).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Cottrell v. City & County of Denver green
colo · 1981
2 sentences

1990Under the non-delegation doctrine, legislation must provide sufficient “standards and safeguards and administrative standards and safeguards, in combination, to protect against unnecessary and uncontrolled exercise of discretionary power.” Cottrell, 636 P.2d at 703 .

1989In Cottrell we recognized the inadequacy of “[t]he traditional statement of the non-delegation doctrine” that “the legislature may delegate power to an administrative agency only if The legislature has provided sufficient standards to guide the agency’s exercise of that power.’ ” Id. at 708 (quoting Elizondo v. Department of Revenue, 194 Colo. 113 , 570 P.2d 518 (1977)).

21989–1990
Fellows v. LaTronica green
colo · 1962
2 sentences

1990It is true that, since Big Sandy was decided, the former strictness with which the supreme court treated the non-delegation principle, as exemplified in Fellows v. Latronica, 151 Colo. 300 , 377 P.2d 547 (1962), has been relaxed.

1990It is true that, since Big Sandy was decided, the former strictness with which the supreme court treated the non-delegation principle, as exemplified in Fellows v. Latronica, 151 Colo. 300 , 377 P.2d 547 (1962), has been relaxed.

21983–1990
People v. Lowrie green
colo · 1988
1 sentence

2020Lowrie, 761 P.2d at 781 .

12020–2020
Littleton Education Ass'n v. Arapahoe County School District, No. 6 green
colo · 1976
2 sentences

1990See Denver v. Denver Firefighters Local No. 858, 663 P.2d 1032 (Colo.1983); Littleton Education Ass’n v. Arapahoe County School District, 191 Colo. 411 , 553 P.2d 793 (1976).

1990See Denver v. Denver Firefighters Local No. 858, 663 P.2d 1032 (Colo.1983); Littleton Education Ass’n v. Arapahoe County School District, 191 Colo. 411 , 553 P.2d 793 (1976).

11990–1990
Elizondo v. STATE, DEPT. OF REVENUE, ETC. green
colo · 1977
2 sentences

1989In Cottrell we recognized the inadequacy of “[t]he traditional statement of the non-delegation doctrine” that “the legislature may delegate power to an administrative agency only if The legislature has provided sufficient standards to guide the agency’s exercise of that power.’ ” Id. at 708 (quoting Elizondo v. Department of Revenue, 194 Colo. 113 , 570 P.2d 518 (1977)).

1989In Cottrell we recognized the inadequacy of “[t]he traditional statement of the non-delegation doctrine” that “the legislature may delegate power to an administrative agency only if The legislature has provided sufficient standards to guide the agency’s exercise of that power.’ ” Id. at 708 (quoting Elizondo v. Department of Revenue, 194 Colo. 113 , 570 P.2d 518 (1977)).

11989–1989

Where else courts name it

PA 63 (1971–2025) FL 10 (1981–2024) NC 8 (1978–2018) WI 7 (2020–2024) RI 6 (1981–2010) OK 6 (2003–2024) TX 5 (2010–2023) CO 5 (1983–2020) MI 4 (1969–2009) DE 3 (1968–2016) CT 3 (1989–1997) IN 3 (1974–2000) LA 3 (1984–1993) OH 2 (1972–2020) NJ 2 (1975–2014) SD 2 (1997–1997) CA 2 (2023–2024) GA 2 (2018–2020) MO 2 (2013–2016) UT 2 (2018–2021) AZ 2 (2003–2017) MA 2 (1973–1981) WA 2 (1978–1993) ND 2 (2018–2018)

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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