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The Political Question Doctrine: A Doctrine for Long-Term Change in Our Public Schools
Author: Bess DuRant
Published: 59 S.C. L. Rev. 531 ((2008) This Comment examines South Carolina’s current school finance litigation in Abbeville County School District v. State of South Carolina. In South Carolina’s constitution, the separation of powers clause suggests that the legislature, and not the courts, is the proper institution for major educational policy choices. Furthermore, in school finance litigation, the courts have had limited success in crafting long-term remedies. This Comment concludes that the political question doctrine precludes courts from entertaining school finance litigation, instead leaving the issue solely with a democratically elected legislature.
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