California, United States of America
The following excerpt is from Mandel v. Myers, 174 Cal.Rptr. 841, 29 Cal.3d 531 (Cal. 1981):
Both majority and dissent invoke the separation of powers doctrine. Neither concedes that there are two separate problems with that doctrine. In reality, the dissent is correct when it opposes judicial appropriation and the majority is equally correct when it protests legislative readjudication of a final court judgment. Unlike my brethren, I would acknowledge the constitutional clash between the powers of the judicial and legislative branches of our government and attempt to forthrightly "set the stakes along the common boundary between these zones of power." (Brydonjack v. State Bar, supra, 208 Cal. at p. 444, 281 p. 1018.)
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