Read the State Legislative Tracker. New edition available now!

Raven v. Deukmejian

From Ballotpedia
Jump to: navigation, search
Ballot law
BallotLaw final.png
State laws
Initiative law
Recall law
Statutory changes
Court cases
Lawsuit news
Ballot access rulings
Recent court cases
Petitioner access
Ballot title challenges
Superseding initiatives
Signature challenges
Laws governing
local ballot measures
Raven v. Deukmejian is a 1990 ruling of the California Supreme Court. At issue was a proposed, initiated, amendment to the California Constitution called the "Crime Victims Justice Reform Act" which was intended to limit the rights of criminal defendants to those guaranteed by the federal constitution.

The proposed measure contained a section that provided that certain criminal law rights "shall be construed by the courts of [California] in a manner consistent with the Constitution of the United States" and that the state constitution "shall not be construed to afford greater rights" than those afforded by the federal constitution.

The court determined that the proposal "would have fundamentally changed and subordinated the constitutional role assumed by the judiciary in the governmental process." In other words, the amendment would affect a core function of one of the three branches of government.

The court, noting this, decided to order the amendment not to appear on the ballot because it would have amounted to a "revision" of the constitution, not an amendment.