INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 1808

Citation
Section 1808
Parent Document
McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction
California (state)
Effective Date
1989-08-17
Original Source
https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

Other Sections in This Document (387)

Full Text

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[17] One commentator has written: "It was for a long time maintained by both eminent textwriters and by the courts ... that the legislature is powerless to delegate judicial duties to administrative officers. [¶] But candor compels recognition of the hard fact that these statements have become mere shibboleths, shattered by the hard course of decision — reverently repeated, but not followed in practice. [¶] ... Though the old rubrics prohibiting delegation are still occasionally repeated, they no longer shape decision." (1 Cooper, State Administrative Law (1965) pp. 46-47, 48, fns. omitted.)