further delineates certain requirements concerning the selection and retention of those who will exercise that judicial power. See Utah Const, art. VIII, §§ 8, 9, & 13. Thus, under state law, examination of the constitutionality of section 78-3-31 consists of two inquiries: (1) whether section 78-3-31 violates the Utah Constitution’s exclusive vesting of the state’s judicial power in article VIII courts, and (2) whether section 78-3-31 violates the Utah Constitution’s requirements for those persons exercising that judicial power in courts of record. A Constitutional Powers of Article VIII Courts Core functions or powers of the various branches of government are clearly nondelegable under the Utah Constitution. See, e.g., Sandy City v. Salt Lake County, 827 P.2d 212, 221 (Utah 1992) (<HOLDING>); State v. Gallion, 572 P.2d 683, 687 (Utah
recognizing that zoning and rezoning are legislative matters holding that the governor of new york has only those powers delegated to him by the state constitution and the statutes holding that legislative functions such as powers of zoning and rezoning cannot be delegated holding that crime definition and penalty powers are essential legislative functions that cannot constitutionally be delegated by the utah legislature to any other person or body holding that utah const art vi  1 limits legislatures ability to delegate legislative powers or functions to others