Legal Opinion
General Assembly of State of New Jersey v. Byrne
Supreme Court of New Jersey
Decided July 22, 1982PublishedCited by 87 opinions
1Opinion of the Court
The opinion of the Court was delivered by
PASHMAN, J.
The General Assembly seeks a declaratory judgment that the Legislative Oversight Act, L. 1981, c. 27, N.J.S.A. 52:14B-4.1 to -4.9, is constitutional. The act allows the Legislature to veto by a concurrent resolution of both houses “[ejvery rule hereafter proposed by a State agency,” with certain limited exceptions. N.J.S.A. 52:14B—4.1, 4.4.
We hold that the legislative veto provision in the Legislative Oversight Act, L. 1981, c. 27, violates the separation of powers principle that “[t]he powers of the government shall be divided among three…
2Cases cited18 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Buckley v. ValeoSupreme Court of the United States · 1976
- Myers v. United StatesSupreme Court of the United States · 1926
- McGrain v. DaughertySupreme Court of the United States · 1927
- Knight v. City of MargateSupreme Court of New Jersey · 1981
13 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- In Re the Revocation of the License of PolkSupreme Court of New Jersey · 1982
- Legislative Research Commission Ex Rel. Prather v. BrownKentucky Supreme Court · 1984
- Crema v. New Jersey Department of Environmental ProtectionSupreme Court of New Jersey · 1983
- In Re KallenSupreme Court of New Jersey · 1983
- State Ex Rel. Stephan v. Kansas House of RepresentativesSupreme Court of Kansas · 1984
82 more not listed; retrieve them via the Exa API.