Implementing Successful Remedies: A Model for Constitutional Compliance

in Courts and Kids

Published by University of Chicago Press

Published in print November 2009 | ISBN: 9780226706191
Published online March 2013 | e-ISBN: 9780226706184 | DOI:
Implementing Successful Remedies: A Model for Constitutional Compliance

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This chapter proposes a “successful-remedies model” that calls for courts to outline in general, principled terms the expectation that the legislative branch as well as the executive branch will develop challenging standards, fair and adequate funding systems, and effective programs and accountability measures. However, it leaves to the political branches the responsibility for formulating these policies, so long as they are well conceived and well implemented and promote student achievement. Since significant constitutional compliance cannot be achieved overnight, courts in most cases would need to maintain nominal jurisdiction over a multi-year period. However, actual interventions should be rare if expectations regarding the importance of ultimate outcomes and the limits of judicial intervention procedures are clearly spelled out in advance. Adoption of the proposed comparative institutional model as a framework for judicial remedies will allow the state courts, working effectively with the legislative and executive branches, to achieve lasting success in state education finance litigations.

Keywords: state courts; student achievement; constitutional compliance; judicial remedies; accountability; education finance; legislative branch; executive branch; standards; successful-remedies model

Chapter.  10905 words. 

Subjects: Family Law

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