What is the scope of judicial power to enforce positive rights, such as the right to education? This Note analyzes litigation outcomes in state education finance lawsuits to examine how state courts exercise their authority within the limits of the separation of powers doctrine. The Note argues that practical, non-legal factors play an important role in a judge's decision to grant remedies addressing unconstitutional legislative inaction to provide an adequate public education. In conclusion, the Note discusses the efficacy of education litigation in light of the judicial s jurisdictional limits, as well as the realities of state politics.
Courts | Law | Litigation
Battle of the Branches: The Separation of Powers Doctrine in State Education Funding Suits,
Colum. J. L. & Soc. Probs.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3381
Originally published in the Columbia Journal of Law & Social Problems.