Cited by

Opinion of the Justices, 121 N.H. 552, 560 (1981) (citation omitted).

“The concept of the separation of powers contained in virtually every American constitution was designed to protect the people from the tyranny of government which could result from the accumulation of unbridled power in any one branch of the government.” Opinion of the Justices, 121 N.H. 552, 556 (1981).

agencies may not add to, detract from, or in any way modify statutory law,’ ” the legislature may delegate the authority to administrative agencies to “‘fill in details to effectuate the purpose of the statute.’ ” Portsmouth Country Club v. Town of Greenland, 152 N.H. 617, 621 (2005) (quoting Opinion of the Justices, 121 N.H. 552, 557 (1981)).

Opinion of the Justices, 121 N.H. 552, 556 (1981).

Such an interpretation would impermissibly contradict the statutory directive that, in appraising open space land at current use values, selectmen exclude from such appraisal improvements on the open space land.” We agree that “[r]ules adopted by State boards and agencies may not add to, detract from, or in any way modify statutory law.” Opinion of the Justices, 121 N.H. 552, 557 (1981) (quotation omitted).

Opinion of the Justices, 121 N.H. 552, 559 (1981).

s clause prohibits each branch of government from “encroaching on the powers and functions of another branch,” Petition of Mone, 143 N.H. at 134, 719 A.2d at 631 (citing Opinion of the Justices, 116 N.H. 406, 413, 360 A.2d 116, 122 (1976)), and is “violated when one branch usurps an essential power of another,” Petition of Mone, 143 N.H. at 134, 719 A.2d at 631 (citing Opinion of the Justices, 121 N.H. 552, 556, 431 A.2d 783, 786 (1981); Opinion of the Justices, 110 N.H. 359, 363, 266 A.2d 823,

The drafters of Part I, Article 37 recognized, however, that a complete separation of powers would disrupt the efficient operation of government, see Opinion of the Justices, 121 N.H. 552, 556, 431 A.2d 783, 785-86 (1981), and thus, “[i]n the nature of things there must be some overlapping” of powers, Opinion of the Justices, 85 N.H. 562, 567, 154 A. 217, 223 (1931).

Opinion of the Justices, 121 N.H. 552, 556, 431 A.2d 783, 785-86 (1981) (some overlapping of power of each branch must exist); Opinion of the Justices, 113 N.H. 287, 290, 306 A.2d 55, 57 (1973) (article 37 does not require the erection of impenetrable barriers between the branches of government); Cloutier v. State Milk Control Board, 92 N.H. 199, 203

Opinion of the Justices, 121 N.H. 552, 556, 431 A.2d 783, 785-86 (1981) (“complete separation of powers would interfere with the efficient operation of government...

Opinion of the Justices, 121 N.H. 552, 557, 431 A.2d 783, 786 (1981); Ferretti v. Jackson, 88 N.H. 296, *692 298, 188 A. 474, 476 (1936).

In determining whether or not an administrative rule is valid, our inquiry is limited to whether the department only acted to “fill in details to effectuate the purpose of the statute.” Opinion of the Justices, 121 N.H. 552, 557, 431 A.2d 783, 786 (1981) (quoting Kimball v. N.H. Bd.

Opinion of the Justices, 121 N.H. 552, 557, 431 A.2d 783, 786 (1981) (citing Ferretti v. Jackson, 88 N.H. 296, 303, 188 A. 474, 479 (1936)).

of Accountancy, 118 N.H. 567, 568, 391 A.2d 888, 889 (1978) (citing Reno v. Hopkinton, 115 N.H. 706, 707, 349 A.2d 585, 586 (1975)); Opinion of the Justices, 121 N.H. 552, 557, 431 A.2d 783, 786 (1981).

Opinion of the Justices, 121 N.H. 552, 556, 431 A.2d 783, 785-86 (1981); Opinion of the Justices, 116 N.H. 406, 413, 360 A.2d 116, 122 (1976).