Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

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The Missouri Constitution also provides that the state’s judicial power resides in the state high court and the lower courts. (Compare Mo. Const., art. V, § 1,23 with Cal. Const., art. VI, § 1 [quoted ante, p. 355].) In Percy Kent Bag Co., supra, 632 S.W.2d 480, the Missouri Supreme Court upheld, against a judicial powers challenge, the constitutionality of a statute that permitted a state antidiscrimination commission to exercise discretionary power to award backpay to complainant employees. The court “distinguished” a decades old prior opinion on the ground, inter alia, that its *369statement therein, that determination of money recovery is a judicial function reserved to the courts alone, was dictum. (Id. at p. 483.) But the court noted a “more important” reason why the defendant’s reliance on the prior opinion was “misplaced”: “[I]t fails to recognize the enormous changes that have occurred in the area of administrative law in this state and nationally during the intervening years. As was stated in Sunshine Anthracite Coal Co. v. Adkins [(1940) 310 U.S. 381, 400] in overruling a similar delegation of powers argument, ‘To hold that there was [an unconstitutional delegation] would be to turn back the clock on at least a half a century of administrative law.’ ” (632 S.W.2d at pp. 483-484.)

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