Guarantees in the Massachusetts Constitution

By: Charles Morgan

This book breaks new ground in Massachusetts law by finding a Constitutional basis for the propositions that (1) the attorney general does not enjoy exclusive authority to protect the public interest in the efficient and lawful operation of charitable organizations and (2) no Massachusetts court can deny standing to bring a derivative action against a charitable organization on the ground that the legislature has failed to enact a statute authorizing such actions. The book documents:(1) the right of every person guaranteed by eight express provisions of the Massachusetts Constitution to have a grievance heard by a court (i.e., the Constitutional grant of standing), (2) the duty of a Massachusetts Court to hear that grievance guaranteed by those eight express provisions of the Massachusetts Constitution as articulated by the Supreme Judicial Court, (3) the facts that:a. a Massachusetts court has inherent power to hear suits in equity even in the absence of statutory authority also as articulated by the Supreme Judicial Court, b. the strict separation of powers under Article 30 of the Massachusetts Constitution dictates that:i. the Legislature has the exclusive authority to declare the law which gives or defines substantive rights, ii. the Judiciary has the exclusive authority to regulate the mode of proceeding pursuant to which the Judiciary administers the machinery by which it enforces substantive rights established by the Constitution the Legislature, or the common law, andiii. neither of those branches can intrude into the exclusive authority of the other,

• Format: Paperback
• Language: English
• ISBN: 1962224694
• ISBN13: 9781962224697
• Release Date: October 2023
• Publisher: Book Publishers USA