1994SSRN Electronic JournalOpen access

Separation of Powers and the Inherent Powers of the Judiciary Under the Tennessee Constitution

Eugene L. Shapiro

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Abstract

This article discusses the concept of inherent judicial power in Tennessee, in light of the principles governing the separation of powers under the Tennessee Constitution. It examines inherent tensions between Article 2, Sections 1 and 2 and Article 6, all of which contemplate that each branch of government must be free to function effectively, and it explores the question of judicial incursion into the legislative domain.

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What this paper is about

This article discusses the concept of inherent judicial power in Tennessee, in light of the principles governing the separation of powers under the Tennessee Constitution. It examines inherent tensions between Article 2, Sections 1 and 2 and Article 6, all of which contemplate that each branch of government must be free to function effectively, and it explores the question of judicial incursion into the legislative domain.

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Available abstract

This article discusses the concept of inherent judicial power in Tennessee, in light of the principles governing the separation of powers under the Tennessee Constitution. It examines inherent tensions between Article 2, Sections 1 and 2 and Article 6, all of which contemplate that each branch of government must be free to function effectively, and it explores the question of judicial incursion into the legislative domain.

Key concepts: Separation of powers, Constitution, Legislature, Inherent powers, Enumerated powers, Political science, Law, Power (physics)

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