separation of powers doctrine in West Virginia

2018Energy Regulatory Comm'n , 673 F.2d 425 , 471 (D.C.

2018Energy Regulatory Comm'n, 673 F.2d 425 , 471 (D.C.

2018Courts have observed that the "political question doctrine" is part of the separation of powers doctrine. "[T]he political question doctrine is essentially a function of the separation of powers, ... existing to restrain courts from inappropriate interference in the business of the other branches of Government, ... and deriving in large part from prudential concerns about the respect we owe the political departments." Nixon v. United States , 506 U.S. 224 , 252-253, 113 S.Ct. 732 , 122 L.Ed.2d 1 (1993) (Souter, J., concurring) (internal quotation marks and citations omitted).

2018Courts have observed that the "political question doctrine" is part of the separation of powers doctrine. "[T]he political question doctrine is essentially a function of the separation of powers, ... existing to restrain courts from inappropriate interference in the business of the other branches of Government, ... and deriving in large part from prudential concerns about the respect we owe the political departments." Nixon v. United States , 506 U.S. 224 , 252-253, 113 S.Ct. 732 , 122 L.Ed.2d 1 (1993) (Souter, J., concurring) (internal quotation marks and citations omitted).

2010In Syllabus Point 7 of State v. Derr, 192 W.Va. 165 , 451 S.E.2d 731 (1994), this Court held that "[t]he West Virginia Rules of Evidence remain the paramount authority in determining the admissibility of evidence in circuit courts.

2010In Syllabus Point 7 of State v. Derr, 192 W.Va. 165 , 451 S.E.2d 731 (1994), this Court held that "[t]he West Virginia Rules of Evidence remain the paramount authority in determining the admissibility of evidence in circuit courts.

2026Id. at 211 , 778 S.E.2d at 660 .

2026Id. at 211 , 778 S.E.2d at 660 .

2026The district court found the directive to cease housing children at the center to be a separation of powers violation because the order “interfer[ed] with the general operations of the agency[.]” Id. at 405 .

2026Observing that “the court has no general jurisdiction over DCF to monitor and evaluate its functioning[] . . . [and] cannot ‘micro manage’ a facility 23 operated by DCF[,]” the district court more specifically found that “the general condition of other children was not an issue before the court [in I.C.’s case].” Id. at 404 .

2018Hodges v. Public Service Commission, 110 W.Va. 649 , 159 S.E. 834 [ (1931) ] ; Kilbourn v. Thompson, 103 U.S. 168 , 26 L.Ed. 377 [ (1880) ].

2018Hodges v. Public Service Commission, 110 W.Va. 649 , 159 S.E. 834 [ (1931) ] ; Kilbourn v. Thompson, 103 U.S. 168 , 26 L.Ed. 377 [ (1880) ].

2018Va. 100 , 207 S.E.2d 421 (1973) summarized the development of the separation of powers doctrine as follows: From the time of its adherence to by Montesquieu, the author or at least an early supporter of the concept of separation of powers, the political merit of that design of government has not been seriously questioned.

2018Va. 479 , 702 S.E.2d 611 (2010) that "[u]nder the Separation of Powers doctrine, Article V, Section 1 of the Constitution of West Virginia, courts have no authority-by mandamus, prohibition, contempt or otherwise-to interfere with the proceedings of either house of the Legislature." This holding is not applicable to the issue under consideration in the instant matter. 20 In Holmes the Court was called upon to address the issue of a circuit court issuing an order that required the Clerk of the Senate and the Clerk of the House of Delegates remove references to a pardon by the Governor in the of

2016Writing for the Court, Justice Davis in Louk v. Cormier, 218 W.Va. 81 , 622 S.E.2d 788 (2005), extended this principle by determining that legislative enactments 9 which imposed non-discretionary duties upon trial courts in actions filed under the Medical Professional Liability Act were unconstitutional as violative of the separation of powers doctrine.

2016Writing for the Court, Justice Davis in Louk v. Cormier, 218 W.Va. 81 , 622 S.E.2d 788 (2005), extended this principle by determining that legislative enactments 9 which imposed non-discretionary duties upon trial courts in actions filed under the Medical Professional Liability Act were unconstitutional as violative of the separation of powers doctrine.

2014The separation-of-powers doctrine, and the history that influenced its design, therefore must inform the reach and purpose of the Suspension Clause. 128 S.Ct. at 2247 (2008) (quoting Hamdi v. Rumsfeld, 542 U.S. 507, 536 , 124 S.Ct. 2633 , 159 L.Ed.2d 578 (2004)) (emphasis added and citations omitted). 9 With this background to guide us, we now turn to the sole issue raised in this appeal.

2014The separation-of-powers doctrine, and the history that influenced its design, therefore must inform the reach and purpose of the Suspension Clause. 128 S.Ct. at 2247 (2008) (quoting Hamdi v. Rumsfeld, 542 U.S. 507, 536 , 124 S.Ct. 2633 , 159 L.Ed.2d 578 (2004)) (emphasis added and citations omitted). 9 With this background to guide us, we now turn to the sole issue raised in this appeal.

2013Burton found that “[o]ne aspect [of the separation of powers doctrine] is the constitutional inability of the Legislature to define the powers and duties of the Office of Attorney General ... so as to deprive the Office of Attorney General ... of the inherent functions and purposes thereof.” Burton, 212 W.Va. at 33 , 569 S.E.2d at 109 .

2013Burton found that “[o]ne aspect [of the separation of powers doctrine] is the constitutional inability of the Legislature to define the powers and duties of the Office of Attorney General ... so as to deprive the Office of Attorney General ... of the inherent functions and purposes thereof.” Burton, 212 W.Va. at 33 , 569 S.E.2d at 109 .

2013“The first inherent source arises in the separation of powers doctrine.” Id.

2013“Article v. of the West Virginia Constitution says that [t]he legislative, executive and judicial departments shall be separate and distinct, so that neither shall exercise the powers properly belonging to either of the others[.]” Id.

2011Canterbury v. County Court, 151 W.Va. 1013 , 158 S.E.2d 151 (1967), the separation of powers doctrine 25 prevents courts from passing judgment on administrative 26 fiscal matters barring a specific challenge that is rooted in grounds of arbitrariness or capriciousness.

2011Canterbury v. County Court, 151 W.Va. 1013 , 158 S.E.2d 151 (1967), the separation of powers doctrine 25 prevents courts from passing judgment on administrative 26 fiscal matters barring a specific challenge that is rooted in grounds of arbitrariness or capriciousness.

2010Miller v. Buchanan, 24 W.Va. 362 (1884).

2006In the recent case of In Re: Brandon Lee H.S., 218 W.Va. 724 , 629 S.E.2d 783 , 2006 WL 902179 (No. 32872, April 6, 2006), this Court determined, inter alia, that the separation of powers doctrine prevented a circuit court from requiring the West Virginia Department of Health and Human Resources to use geographic pay differentials to immediately fill vacant Child Protective Services positions.

2006In the recent case of In Re: Brandon Lee H.S., 218 W.Va. 724 , 629 S.E.2d 783 , 2006 WL 902179 (No. 32872, April 6, 2006), this Court determined, inter alia, that the separation of powers doctrine prevented a circuit court from requiring the West Virginia Department of Health and Human Resources to use geographic pay differentials to immediately fill vacant Child Protective Services positions.

2005Sheward, 715 N.E.2d at 1087 , and 1096-97.

2005Sheward, 715 N.E.2d at 1087 , and 1096-97.