California Supreme Court November 4, 2004, S121568 (McClung v. Employment Development Department)

Opinion

CHIN, J.

“It is, emphatically, the province and duty of the judicial department, to say what the law is. Those who apply the rule to particular cases, *470must of necessity expound and interpret that rule.” (Marbury v. Madison (1803) 5 U.S. 137, 177 [2 L.Ed. 60].)

This basic principle is at issue in this case. In Carrisales v. Department of Corrections (1999) 21 Cal.4th 1132 [90 Cal.Rptr.