ADMINISTRATIVE LAW - SEPARATION OF POWERS - DELEGATION OF EXECUTIVE FUNCTIONS TO THE JUDICIARY

Authors

Collins E. Brooks, University of Michigan Law SchoolFollow

Abstract

Plaintiff applied to the county board of public welfare for a pension award under a state Old Age Assistance Act. In conformity to the act, an investigation was made by the county board and the facts were submitted, with a recommendation for an award, to the State Department of Public Welfare for approval. The latter, however, overruled the award, whereupon plaintiff applied to the circuit court for a trial de novo, as provided for by the statute, and was successful. On appeal from the court's order allowing the award, held, the statutory provision for a de novo review by the circuit court was an unconstitutional attempt to delegate executive power to the judiciary. Borreson v. Department of Public Welfare, 368 Ill. 425, 14 N. E. (2d) 485 (1938).

Recommended Citation

Collins E. Brooks, ADMINISTRATIVE LAW - SEPARATION OF POWERS - DELEGATION OF EXECUTIVE FUNCTIONS TO THE JUDICIARY, 37 Mich. L. Rev. 639 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss4/11