City and County of Denver v. Holmes

Our function is adjudicative and not legislative. We *592should be as zealous in guarding against an invasion by us of that which is properly the legislative domain as we are jealous of any attempt on the part of the legislative branch at usurping that which properly belongs to the judicial sphere. Denver Bar Association v. Public Utilities Commission, 154 Colo. 273, 391 P.2d 467. By the very nature of our office, we should be the first to recognize an activity of ours as impinging on the authority vested in another branch of government when such appears.

In restraining a department of government…