Guillou v. State of New Hampshire, Division of Motor Vehicles

503 A.2d 838, 127 N.H. 579 (1986)

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Guillou v. State of New Hampshire, Division of Motor Vehicles

New Hampshire Supreme Court
503 A.2d 838, 127 N.H. 579 (1986)

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  • Written by Deanna Curl, JD

Facts

New Hampshire law RSA 236.56 (the statute) authorized the director of motor vehicles to suspend or revoke a driver’s license for any cause the director deemed sufficient following a hearing. The statute did not contain or reference any statutory guidance for the director’s decision and did not limit the length of time a license could be suspended or revoked. Robert Guillou (plaintiff) challenged the statute’s constitutionality under the New Hampshire Constitution’s separation-of-powers provision.

Rule of Law

Issue

Holding and Reasoning (Batchelder, J.)

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Casebooks

Comparative Constitutional Law

Key Terms

  • Separation of PowersThe doctrine, based on the constitutional division of power among the executive, legislative, and judicial branches of government, that prevents any one branch from exercising an excessive amount of power. Through checks and balances, each branch of government has some ability to restrain the other two.
  • Arbitrary and CapriciousDescribes a decision made according to whim and without regard to facts or law; the principal standard of review courts use when reviewing challenges to agency decisions.
  • Nondelegation DoctrineA doctrine providing that Congress cannot delegate its legislative powers to the executive branch. When authorizing the executive branch to act, Congress must provide it with an “intelligible principle” upon which to base its regulations.
  • Agency DelegationThe transfer of authority from Congress to an administrative agency, or from an administrative agency to a public or private entity.

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