ADMINISTRATIVE ADJUDICATION OF TRAFFIC VIOLATIONS CONFRONTS THE DOCTRINE OF SEPARATION OF POWERS

The tentative conclusion reached here is that it is possible to formulate a statutory administrative adjudication scheme as part of a decriminalized approach to traffic safety, subject to distinct qualifications, which would not violate the separation of powers doctrine as it exists in many states. The article's conclusion is that a legislature may, at will, lay waste to jurisdictional components which are the hallmarks of our judicial system by redelegating to agencies jurisdiction over problems which have traditionally been viewed as within the competence of the judiciary. The distinction between regulatory offenses, such as traffic violations, and "true" crimes justifies more flexible legislative responses than should be permitted when dealing with "true" crimes.

  • Corporate Authors:

    Tulane Law Review Association

    Tulane University Station
    New Orleans, LA  United States  70118
  • Authors:
    • FORCE, R
  • Publication Date: 1974-11

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Filing Info

  • Accession Number: 00081018
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Mar 26 1975 12:00AM