The Washington Supreme Court: A Special Issue Report
September 29, 2006David K. DeWolf, Andrew C. Cook, Seth L. Cooper
But, in light of the American constitutional understanding of the separation of powers, we need to examine whether the Washington Supreme Court has properly exercised its judicial power. Has the court protected and preserved the great constitutional traditions? When called upon to interpret the Constitution or the laws of the state, has the court been faithful to the understanding of those who wrote and ratified them? Or has the court succumbed to the temptation to impose the judgment of the individual justices as to what the public policy of the state should be? Has the court recognized the proper role of the judiciary in interpreting and applying the laws enacted and enforced by other branches of government, or has the court over-extended itself, usurping powers belonging to the other branches or infringing rights reserved to the people themselves?