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Schools, welfare agencies, and a wide variety of other state and
local institutions of vital importance to citizens are actually
controlled by attorneys and judges rather than governors and
mayors. In this valuable book, 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 programs 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 founder 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.
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