City of Jacksonville v. Bowden

Citations

• 67 Fla. 181

Syllabus

<p>1. The lawmaking power of the legislature of a State is subject only to the limitations provided in the State and Federal Constitutions; and no duly enacted statute should be judicially declared to be inoperative on the ground that it violates organic law, unless it clearly appears beyond all reasonable doubt that under any rational view that may be taken of the statute, it is in positive conflict with some identified or designated provision of constitutional law.</p> <p>2. A statute should be so construed and applied as to make it valid and effective if its language does not exclude such an ( interpretation.</p> <p>S. Where a statute does not violate the Federal or State Constitution, the legislative will is supreme, and its policy is not subject to judicial review. The courts have no veto power and do not assume to regulate State policy; but they recognize and enforce the policy of the law as expressed in valid enactments, and decline to enforce statutes only when to do so would violate organic law.</p> <p>4. The constitution is the controlling law, and while, in appropriate proceedings properly taken it may. be the duty of the court to declare a legislative enactment to be inoperative to whole or to part, if it plainly violates the constitution, yet as under our system of government the lawmaking power of the legislature is subject only to the limitations contained to the State and Federal Constitutions, the court should, in deference to the legislature, take care to so interpret an enactment as to make it consistent with the constitution, if it can be done upon any reasonable consideration of the legislative intent as shown by a fair application of all the language used to the purpose designed to be accomplished by the enactment.</p> <p>. 5. In conferring upon municipalities appropriate quasi legislative powers, for local governmental purposes, tbe legislature does not violate tbe implied principle of organic law that the legislature shall not delegate its ge