What is the test for judicial review of legislative policy determinations?
California, United States of America
The following excerpt is from Nat'l Shooting Sports Found., Inc. v. State, 210 Cal.Rptr.3d 867, 6 Cal.App.5th 298 (Cal. App. 2016):
"The separation of powers doctrine protects each branch's core constitutional functions from lateral attack by another branch." (Bunn, supra, 27 Cal.4th at p. 16, 115 Cal.Rptr.2d 192, 37 P.3d 380.) Accordingly, with limited exceptions, the judiciary may not sit as a superlegislature to judge the wisdom or desirability of legislative policy determinations. (Stinnett v. Tam (2011) 198 Cal.App.4th 1412, 1426, 130 Cal.Rptr.3d 732.)
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