Flynn v. Department of Administration

¶1. The power of this court to declare invalid duly enacted legislation is an awesome one. It is a power that is largely unchecked, most always final. If we are to maintain the public's confidence in the integrity and independence of the judiciary, we must exercise that power with great restraint, always resting on constitutional principles, not judicial will. We may differ with the legislature's choices, as we did and do here, but must never rest our *529decision on that basis lest we become no more than a super-legislature. Our form of government provides for one legislature, not two. It is for…