State ex rel. Young v. Duval County

Citations

• 76 Fla. 180

Syllabus

<p>1. Chapter 7462, Acts of 1917, does not require the County Commissioners to employ experts to furnish, or to otherwise acquire any particular data or information on which to act in determining the amount of bonds that may be voted on under that Statute; and action taken pursuant to the Statute will not be disturbed by the Courts in the absence of a clear showing of fraud or abuse of authority.</p> <p>2 The law-making .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 Statue, it is in positive conflict with some identified or designated provision of constitutional law.</p> <p>3. 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>4 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>5. 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 he inoperative in whole or in part, if it plainly violates the Constitution; yet, as under our system of government the law-making power of the Legislature is subject only to the limitations contained in 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