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Flunking DemocracySchools, Courts, and Civic Participation$
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Michael A. Rebell

Print publication date: 2018

Print ISBN-13: 9780226549781

Published to Chicago Scholarship Online: September 2018

DOI: 10.7208/chicago/9780226549958.001.0001

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The Legitimacy of the Courts’ Role

The Legitimacy of the Courts’ Role

(p.175) Chapter Eight The Legitimacy of the Courts’ Role
Flunking Democracy

Michael A. Rebell

University of Chicago Press

The book concludes with reflections on two major concerns that some readers are likely to express. First under our system of separation of powers, is it appropriate for courts to intervene in issues of education policy and administration? Second, is this approach plausible? Would judges agree to take on such an active role in promoting preparation for civic participation in the schools, and would policy makers, educators, and the public accept such a stance? The chapter answers these concerns and ends with some thoughts about the profound impact that a decisive judicial stance on education for capable citizenship would have for the continued integrity of American democratic culture and the American political system.

Keywords:   judicial legitimacy, judicial capacity, judicial activism, state judges, judiicial policy-making, separation of powers, comparative institutional analysis

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