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4 - Constitutional Non-Transformation?

Socioeconomic Rights beyond the Poor

from Part I - Adjudication and Rights

Published online by Cambridge University Press:  04 April 2019

Katharine G. Young
Affiliation:
Boston College, Massachusetts
Amartya Sen
Affiliation:
Harvard University, Massachusetts
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Summary

This chapter examines the history of state court education adequacy cases in the United States. The US Supreme Court ruled that education is not a fundamental interest under the federal constitution; state courts throughout the country have, however, held education is a fundamental interest, and often an explicit positive right, under state constitutions. Over the past 40 years, lawsuits challenging state methods of funding public schools have been launched in 45 of the 50 states, and since 1989, plaintiffs have prevailed in more than 60 percent of the final liability decisions in these cases. These decisions examine in depth the substance of what a right to an adequate education means, and most have considered poor and minority students. "Progressive realization” does not apply; at least in theory, cost is not a factor either in determining the scope of the right to education or its implementation. Courts have explicitly held in most states that the state’s financial condition and fiscal constraints, even in times of recession, are not valid defenses to a failure to implement educational rights.
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Publisher: Cambridge University Press
Print publication year: 2019

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