Enhancing Court Capacity to Enforce Education Rights
This policy brief examines a critical aspect of quality education litigation: the tools available to courts to fashion and ensure implementation of a constitutional method of funding public education to improve schools.
As a case study, the brief analyzes the techniques employed by the New Jersey Supreme Court in providing a remedy to disadvantaged urban school children in the long-running Abbott v. Burke case.
The Abbott litigation offers important lessons on how courts can improve their competency to fashion and direct implementation of a remedy to vindicate constitutionally guaranteed socio-economic rights, particularly when they implicate politically vulnerable or disenfranchised groups or classes of citizens.
ALSO OF INTEREST
The Role of Courts in a Democracy
An analytical report of the workshop and public debate featuring Charles Clarke, Joshua Rozenberg, Lord Justice Jacob and others examines the growing trend towards the ‘judicialization of politics’, in which judges are increasingly implicated in settling policy disputes, especially in the context of constitutional rights.
The debate ranges over the new Supreme Court in the UK, and recent controversial decisions over prisoners' voting rights and control orders for terror suspects.