Democracy by Decree: What Happens When Courts Run Government [Hardcover]

Professor Ross Sandler (Author), Professor David Schoenbrod (Author), Ross Sandler (Author), David Schoenbrod (Author)

Book Description

ISBN-10: 0300092725 | ISBN-13: 978-0300092721 | Publication Date: January 1, 2003 | Edition: First Edition

Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to US citizens are actually controlled by attorneys and judges rather than governors and mayors. In this text, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programmes to democratically elected, and accountable, officials. Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that can flounder on reality. Newly elected officials, who may wish to alter the plans in response to the changing wishes of voters, cannot do so unless attorneys, court-appointed functionaries and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this judicial stranglehold, allow courts to do their legitimate job of protecting rights, and strengthen democracy.

Editorial Reviews

Review

"A thought-provoking book about the fundamental issues of democracy, federalism, and separation of powers. . . . [A]n ode to representative government." -- Ross Weiner, Legal Times

...[A] critique of astonishing efforts to govern society through the miracle of what the authors call 'institutional reform litigation.' -- Thomas J. Main, Wall Street Journal

...[C]losely documented...Impassioned...[T]he guidepost for one side in any debate on the proper role of institutional reform litigation. -- Michael B. Gerrard, New York Law Journal

From the Back Cover

"A brilliant, well-written, and brave account of how federal courts have distorted our political system by taking control of complex institutions like schools and prisons - sometimes for decades - instead of enforcing rights, which is their proper domain."-- Diane Ravitch, Yale University

"With fascinating blow-by-blow accounts, Sandler and Schoenbrod expose how advocates for one interest group inevitably undermine the interests of others and thwart the ability of those in responsibility to balance interests for the common good."-- Philip K. Howard, author of The Death of Common Sense

"A practical prescription for restoring democracy while still honoring rights."-- Lamar Alexander

"Democracy by Decree is an impressive and thoughtful analysis of the current court-centered rights culture in which it is too easy for elected officials to 'pass the buck' to courts while taking actions that are blatantly unconstitutional."-- Nadine Strossen, president, American Civil Liberties Union, and professor, New York Law School

"Democracy by Decree shows how courts can protect rights and still let mayors and governments do their jobs."-- John Sexton, president of New York University and dean of New York University School of Law

"Sandler and Schoenbrod's account - really a discovery - of the existence of a second government in our midst is meticulous, nuanced, and alarming. By showing how unilateral judicial government undermines both democracy and individual rights, they have done a significant service to both."-- Christopher DeMuth, president, American Enterprise Institute for Public Policy Research

See all Editorial Reviews

Product Details

• Hardcover: 256 pages
• Publisher: Yale University Press; First Edition edition (January 1, 2003)
• Language: English
• ISBN-10: 0300092725
• ISBN-13: 978-0300092721
• Product Dimensions: 8.2 x 6.3 x 0.8 inches
• Shipping Weight: 15.2 ounces
• Amazon Best Sellers Rank: #308,987 in Books (See Top 100 in Books)

More About the Author

Discover books, learn about writers, read author blogs, and more.