Columbia Falls Elementary School District No. 6 v. State

¶42 I concur in our Opinion, although I perceive a need for further remarks regarding our power to enforce non-self-executing constitutional rights.

¶43 First, in General Agric. Corp. v. Moore (1975), 166 Mont. 510, 534 P.2d 859, our view of what sort of provision is and is not self-executing was softened somewhat from the definition we adopted in State ex rel. Stafford v. Fox-Great Falls Theatre Corp. (1942), 114 Mont. 52, 132 P.2d 689. In General Agrie., we stated:

“A provision is self-executing when it can be given effect without the aid of legislation and there is nothing to indicate that…