Legal Question in Administrative Law in California

Re: Conflicting Laws (2)

A lawsuit is certainly not the only way to call attention and obtain corrective action when laws conflict.

Filing a lawsuit is usually only a partial measure anyway, because courts can only rule on the conflict in the context of the matter litigated and, unless one of the laws over which that court has jurisdiction is found unconstitutional in some way, both laws stay on the books and are there to conflict and be ruled on again by another court someday, possibly following the first ruling, but maybe not, especially if the contexts to which the laws are to be applied are factually different.

Court rulings on lawsuits are often useful because apparent conflicts can be studied and perhaps resolved in a way that shows there really is not an unavoidable clash, but only an apparent overlap - for example, California's CEQA (California Environmental Policy Act) and the Federal NEPA (National Environmental Policy Act). Lots of case law here, dividing up the jurisdictional realms under these two very powerful laws.

Ultimately, clearing up conflicts of laws may require legislative action, whether or not a court decision has highlighted a conflict. Ordinary citizens can influence legislation, either by direct lobbying or by working through the committees that study statutory reform. In California, you can check into one such agency, the California Law Review Commission, at www.clrc.ca.gov.