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This term ‘has acquired popularity with politicians as well as with lawyers. It is, however, used ambiguously to designate the suitability of a dispute for settlement, both as to law ... ...

The Judicialization of American Education

The Judicialization of American Education   Reference library

J. C. Blokhuis and Randall Curren

The Oxford Encyclopedia of Philosophy of Education

Reference type:
Subject Reference
Current Version:
Philosophy, Social sciences, Education
8,966 words

...questions. Under the political question doctrine, controversies on which the Constitution offered no clear guidance were considered non-justiciable . The courts deferred to the democratically elected branches of government for the resolution of political matters. In Baker v. Carr , 369 U.S. 186 ( 1962 ), a deeply divided Supreme Court reformulated the political question doctrine and found redistricting to be a justiciable issue. Justice Felix Frankfurter dissented strenuously, believing the Court had violated the separation of powers principle in venturing...