Bill Text: HI SR48 | 2018 | Regular Session | Introduced

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Bill Title: Urging The Hawaii Chapter Of The American Judicature Society And The Hawaii State Bar Association To Analyze And Assess The Role Of The Judiciary Within The Constitutional Framework Of Government In The State Of Hawaii.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2018-04-23 - The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Taniguchi, K. Rhoads, L. Thielen; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Gabbard, Kim. [SR48 Detail]

Download: Hawaii-2018-SR48-Introduced.html

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THE SENATE	S.R. NO.	48
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

SENATE RESOLUTION

 

 

urging the hawaii chapter of the american judicature society and the hawaii state bar association to ANALYZE AND ASSESS the role of THE JUDICIARY WITHIN THE CONSTITUTIONAL FRAMEWORK OF GOVERNMENT in the state of hawaii.

 

 

 

     WHEREAS, our Nation and our State were founded upon the constitutional principle of maintaining separate but equal branches of government to ensure an equal distribution of power; and

 

     WHEREAS, in Trustees of Office of Hawaiian Affairs v. Yamasaki, 69 Haw. 154 (1987), the Hawaii Supreme Court clarified the separation of powers doctrine as follows:

 

[W]hile the object was to "divide and allocate the sovereign power among three co-equal branches, . . . the separate powers were not intended to operate with absolute independence.”

 

The Constitution "contemplates that practice will integrate the dispersed powers into a workable government. It enjoins upon its branches separateness but interdependence, autonomy but reciprocity."; and

 

     WHEREAS, the separation of powers doctrine ensures a workable government by precluding a branch from encroaching into the jurisdiction of another; and

 

     WHEREAS, if a branch violates the separation of powers and renders government unworkable, the public interest will suffer; and

 

     WHEREAS, continual discourse and reflection upon the respective roles and responsibilities of the three branches is necessary to ensure responsible governance; and

     WHEREAS, Hawaii attorneys and judges have a continuing responsibility to assess the constitutional framework of government in Hawaii, including the separation of powers doctrine; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, that the Hawaii Chapter of the American Judicature Society and the Hawaii State Bar Association are urged to analyze and assess the role of the Judiciary within the constitutional framework of government in the State of Hawaii, including but not limited to topics such as the political question doctrine, the Judiciary's interrelationship with the legislative and executive branches, and the Judiciary's role in ensuring a workable government; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chair of the Board of Directors of the Hawaii Chapter of the American Judicature Society, the President of the Hawaii State Bar Association, the Chief Justice of the Hawaii Supreme Court, and the Governor of the State of Hawaii.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Hawaii Chapter of the American Judicature Society; Hawaii State Bar Association; Role of the Judiciary