California, United States of America
The following excerpt is from Williams v. Macomber, 226 Cal.App.3d 225, 276 Cal.Rptr. 267 (Cal. App. 1990):
5 "[T]he independent judgment test had its historical roots in the notion that agencies lacking in judicial power are precluded from performing judicial functions.... [T]he essence of this function is to make binding determinations on conflicting evidence, particularly where constitutional liberty and property interests are involved. [Citation.] To uphold such a decision by a 'nonjudicial' agency, without allowing the court to reweigh the evidence, would offend separation of powers principles.... [p] Accordingly, ... the independent judgment test was first applied to administrative adjudications which threatened to deprive the aggrieved party of a constitutionally protected property right.... [p] [I]ndependent judicial review is required whenever a 'fundamental vested right' is at stake.... [p] We have seen a steady expansion in the class of rights which fits this description." (County of Alameda v. Board of Retirement, supra, 46 Cal.3d 902, 906-907, 251 Cal.Rptr. 267, 760 P.2d 464.)
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