The Administrative Process and Constitutional Principles: Separation of Powers

The separation of powers is a basic rule that divides the government’s power into three parts: the people who make the laws, the people who enforce the laws, and the people who interpret the laws. This division stops one group from having too much power. It also stops the legislature from giving its powers to other groups. This rule has led to other rules that limit the government’s ability to make and enforce laws. Some powers can be shared, like when the executive branch makes rules to follow the laws, but there are some powers that cannot be shared or given to someone else. The executive branch, led by the Governor, has certain powers that cannot be interfered with by the judicial or legislative branches. These include appointing public officials, vetoing bills, making budget decisions, pardoning and commuting sentences, and other important decisions. In most cases, the courts cannot review or overturn these decisions. The only time they can be reviewed is if they violate the state or federal constitution. Overall, the Governor has a lot of power to make important decisions without interference from the other branches of government. Most executive decisions are now governed by laws like the APA, which means they can be reviewed by the courts. The APA limits how executive branch officers can use their discretion in three ways: it sets rules for how disputed facts are determined, it requires agencies to adopt their policies as rules, and it requires agencies to explain how they made their decisions, which can be reviewed by the courts. The court found that certain restrictions on the executive branch’s powers were not overstepping because they were governed by the APA. This has given the courts more power to review executive decisions. There has been a lot of debate about the limits of power between the legislative and executive branches, especially when it comes to budgets. The courts have been actively reviewing executive decisions to make sure they don’t overstep the powers of the legislative branch. In one case, a rule was found invalid because it changed the legislative appropriation and went against the agency’s statutory directions. The Florida Constitution now has clearer rules about who gets to make decisions about the budget. This helps clarify the division of authority. The legislature in Florida is responsible for making laws and shaping public policy. They cannot delegate this power to others, but they can give some power to administrative agencies. However, there are certain areas where the legislature cannot delegate its power, such as impeaching officials and making initial decisions about money. Even if a matter is within the legislature’s power, conflicts can still arise with other branches of government and individual rights. For example, the legislature can’t just cancel pay raises for public workers if there is no good reason to do so. This is to make sure that contracts are honored and that the legislature doesn’t have too much power over the budget. The Florida Supreme Court has ruled that the legislature has the ultimate power to decide how to fund collective bargaining agreements with government employees. This means that even if an agreement is negotiated, the legislature can still choose not to fund it. The courts must enforce the legislature’s decisions when it comes to budget and funding, and they can only review specific matters that are within the judiciary’s core functions. However, the courts have the power to handle certain specific issues, such as setting a budget for the judiciary and controlling the legal profession. Overall, the legislature has the authority to pass laws related to the judiciary’s core functions, but control over court procedures and rules is vested in the judiciary.

Source: https://www.floridabar.org/the-florida-bar-journal/the-administrative-process-and-constitutional-principles-separation-of-powers/