Critics who are calling the special session of the state Legislature unusual, unprecedented and unconstitutional are simply incorrect.

A review of Hawai'i history and our system of government shows that the legislative body has held special sessions for similar reasons in the past and that it is within the Legislature's ability, and responsibility, under the state Constitution.

Democracy is the most desired and successful form of government in the world, in part because everyone's interests are addressed. This is accomplished through a system of checks and balances between the various branches of government — executive, legislative and judicial. A special session is part of the democratic process.

Keep in mind the explicit roles of the branches of government in regard to laws. The executive branch implements and enforces the law, the legislative branch makes the law, and the judicial branch interprets the law.

If the court interprets the law in a manner that elected officials feel is not in the best interest of the public, lawmakers have the responsibility to clarify the law.

This is what is happening during the special session.

Work by our administration and the state Legislature on the Superferry issue was "checked" by the Hawai'i Supreme Court and a judge on Maui. The special session is meant to balance that ruling in the best interest of Hawai'i's residents and our state's future.

There are other recent examples of the Legislature taking similar measures to balance a judicial interpretation of the law. During this special session, for example, legislators will consider another bill that would also override a Hawai'i Supreme Court decision, this one dealing with extending sentencing for criminals. No one is labeling this potential action as unusual or unconstitutional.

Additionally, last April the Legislature voted to overturn a 2005 Hawai'i Supreme Court decision that limited the rights of state and county employees to negotiate transfers. In this case, the legislative branch acted over the judicial ruling and the executive branch. Gov. Lingle vetoed the bill that went against the court ruling, but the Legislature overrode her veto.

Anyone concerned with the Superferry debate should consider that the legislative process under way is an essential part of our democracy. Legislators will use input from our residents, the courts, our administration and Superferry officials in an attempt to preserve this important transportation alternative for all the people of Hawai'i, while the state conducts an environmental impact statement relating to harbor improvements.

This is a place where we can all come together and begin to move forward. We can learn lessons, begin to heal and become a better state. And those are the remarkable results of democracy in action.

James "Duke" Aiona is lieutenant governor of Hawai'i.