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Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Constraints

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Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/7009

Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Constraints

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Title: Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Constraints
Author: Browde, Michael; Occhialino, Mario
Abstract: This Article surveys the history of the allocation of the power to make procedural rules in New Mexico. In the process, it analyzes the judicial opinions which have led to supreme court assertions of exclusive judicial power to adopt procedural rules. It concludes with a call for a return to the process of shared procedural rule-making power between the two branches of government whenever possible, and proposes prudential guidelines for determining the appropriate dividing line between the legislature and the courts when a choice between conflicting approaches is necessary.
Date: 1985
Publisher: University of New Mexico School of Law
Citation: 15 N.M. L. Rev. 407 (1985)
URI: http://hdl.handle.net/1928/7009

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