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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 6761   View pdf image (33K)
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type of legisture and as we move in that direction, I
think the possibilities 'are greater that comprehensive
conflict of interest legislation will be enacted. But in
any event the power to do so is ample. What is suggested
by the minority adds not one whit to the power, indeed,
and if the argument 'I have made before it may have any
validity in the long run perhaps subtract from that power.
Secondly, the provision is completely unenforceable to the
extent that anyone could rely on it to obtain particular
relief or to require somehow that the legislature enact
law. I notice that there have been a lot of loose state-
ments made on this floor during the course of debates on
previous sections regarding conservation and consumer
protection, that perhaps some right of action was created
which if the court did not act, -- if the legislature did
not act, the court could. I think the law is completely,
firmly and everywhere settled, including this State, at
least in all American jurisdictions that the courts cannot
compel the performance of a legislative act, cannot
mandamus the legislature to do a legislative act and there
is no authority to the contrary, and I think the Chairman oi



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 6761   View pdf image (33K)
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