![]() ![]() STATUTES-Repeal of conflicting statute by implication.Ī statute that is in conflict with, but which does not mention, a prior statute, has the effect of repealing, by implication, the prior statute to the extent of the conflict. 1943, pages 302 and 235) are not violative of section 1 of article 4, section I of article 5, section 19 of article 10, or article 21, of the Oklahoma Constitution.Ĩ. CONSTITUTIONAL LAW-Acts of 1943 authorizing State Board of Public Affairs to consolidate penal and eleemosynary institutions and transfer functions and funds and making appropriations held not violative of certain provisions of Constitution. The courts will not declare a statute to be unconstitutional unless its invalidity appears beyond a reasonable doubt.ħ. ![]() CONSTITUTIONAL LAW-Validity favored in construction of statutes. The Legislature has a wide discretion as to the minuteness with which the policy and standard may be expressed in a statute which confers upon executive officers discretion in carrying out the statute, and the courts should be reluctant to interfere with such discretion.Ħ. SAME-Scope of legislative discretion in delegation of powers to executive officers. While the Legislature may not delegate to others the power to make a law, which involves a discretion as to what it shall be, it may confer upon executive officers discretion as to its execution, to be exercised under and in pursuance of the law.ĥ. SAME-Legislature may confer upon executive officers discretion as to execution of law. The Legislature may delegate to other departments of the government some powers which it may rightfully exercise.Ĥ. CONSTITUTIONAL LAW -Delegation of some legislative powers permissable. The true meaning is that the whole power of one department may not be exercised by the same hands which possess the whole power of either of the other departments.ģ. The theory of separation of the three powers of government (legislative, executive and judicial) does not mean that the distinctions between the three can be carried out with precision, but there may be a certain degree of blending of the three powers. CONSTITUTIONAL LAW-Theory of separation of three governmental powers does not prohibit certain degree of blending of three powers. 1943, pages 302 and 235) are in pari materia and are to be construed and applied together.Ģ. STATUTES-Act of 1943 authorizing State Board of Public Affairs to consolidate and eleemosynary institutions and transfer functions and funds is to be construed as in pari materia with institutional appropriation act. ![]()
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