The political will of the people of the Commonwealth of Virginia is expressed in the Constitution of Virginia, which created the government of Virginia. Every Constitution of Virginia from 1776 to the present has divided the government among the General Assembly of Virginia, the legislature; the governor, who is the chief executive officer; and the judiciary, a system of courts. Each of these three branches of the government was created as a separate, independent branch of the government. However, they are not totally independent; they must of necessity interact. Furthermore, each Constitution of Virginia has put into place various checks and balances among them. The purpose of this essay is to consider the constitutional place of the judiciary of Virginia in relation to the legislative branch of the government. This is because before the Virginia Constitution of 1971, the governor was not given a strong position in the government- a reaction to the very strong position of the governor of Virginia during the colonial period.
W. Hamilton Bryson, Judicial Independence in Virginia Dedicated to Chief Justice Harry L. Carrico 38 U. Rich. L. Rev. 705 2003-2004