This Casenote examines the decision of Raven v. Deukmejian, decided in 1990 by the California Supreme Court. This decision held that a voters' initiative measure, which purported to vest all judicial interpretive power as to fundamental criminal defense rights, amounted to a revision of the state Constitution. The author discusses the impact and implications of this decision. Namely, the author finds that the decision will have an impact on the way future courts review constitutional challenges to the initiative process. The Casenote also discusses the reaffirmation of the court's position on state constitutional independence. The author concludes that the California Supreme Court will not give up its constitutional right to interpret the state constitution, and will not act as a rubber stamp for the federal courts.
Raven v. Deukmejian: A Modern Guide to the Voter Initiative Process and State Constitutional Independence,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol28/iss3/8