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 view of the judicial powers doctrine embraced by our sister states has the advantage of avoiding meaningless, wooden distinctions (used in a number of older cases) between "quasijudicial" and "judicial" powers,[30] and at the same time remaining true to the fundamental teaching of the various constitutional judicial powers clauses. The decisions forthrightly recognize that administrative agencies do indeed exercise "judicial-like" powers, and accept the need for broad administrative powers in our increasingly complex government. At the same time, the view espoused by our sister states includes a crucial and workable limiting principle: The agency may exercise only those powers that are reasonably necessary to effectuate the agency's primary, legitimate regulatory purposes. Thus, contrary to plaintiff's suggestions, we perceive no danger that the view of judicial power embraced by our sister states will lead to a proliferation of agencies created to adjudicate specialized private disputes, thereby undermining the traditional role of the *373 courts. Plaintiff's fears have not materialized in other states, and many of the decisions expressly caution against any such intrusion.[31]

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