Hansen v. Utah State Retirement Board

CROCKETT, Retired Justice

(concurring with comments):

I concur with the main opinion. However, in my view there is a somewhat different rationale, grounded on fundamental principles, which supports its conclusion, and which I think is of sufficient significance and applicability to justify stating separately.

The first of those principles is that due to the respect that should be accorded the concept of the separation of powers in our system of government, the judiciary should exercise great restraint in intruding into the legislative prerogative. Consistent with that policy, there is indulged a…