State v. Clemente

It is difficult to perceive how the analysis of the separation of powers issue and the authorities relied upon in the majority opinion support the conclusion that G-eneral Statutes *525§ 54-86b is an unconstitutional encroachment of an exclusive judicial power. The majority acknowledges the principle that judicial and legislative powers overlap and that “ ‘ [i]t is the province of the legislative department to define rights and prescribe remedies: of the judicial to construe legislative enactments, determine the rights secured thereby, and apply the remedies prescribed.’ Atwood v. Buckingham, 78…