New England School of Law
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The New England School of Law Federalist Society Blog is a weblog written and managed by students at New England School of Law in Boston. The views expressed here reflect the views of the authors alone, and do not necessarily reflect the views or official positions of New England School of Law or its affiliates or the Federalist Society for Law and Public Policy Studies and its affiliates.

Friday, May 06, 2005

Separation of Powers: Evans v. State of Delaware

The Supreme Court of Delaware held that an act of the Delaware legislature, which declared a previous decision of the Court "null and void, direct[ed the] Court generally on matters of statutory construction, and stat[ed] that the 'General Assembly asserts its right and prerogative to be the ultimate arbiter of the intent, meaning, and construction of its laws,'" unconstitutional.

The Supreme Court of Delaware based its decision, in part, on the separation of powers doctrine. The Court's discussion of the history of separation of powers doctrine is worthy of a read.

Evans v. State of Delaware is available here.