Judicialization is the term most commonly used to describe the supervening authority of the courts in virtually every sphere of public life in liberal democratic states. In the United States, where judicialization is most advanced, political and administrative decisions by agencies and officials at every level of government are subject to constitutional scrutiny, and thus to the oversight and substituted decision-making authority of unelected members of the federal judiciary.
The judicialization of American education is associated with the judicial review of administrative decisions by public school officials in lawsuits filed in the federal courts by or on behalf of students alleging due process and other Constitutional rights violations. So defined, the judicialization of American education has been facilitated by a number of legal and social developments in the Civil Rights Era, including the ascription of limited Constitutional rights to minors in public schools, the expansion of government agency liability, and the ensuing proliferation of lawsuits under Section 1983.
Judicialization has been criticized for subjecting routine administrative decisions to complex and costly procedural regimentation, for distorting social relations by subjecting them to legal oversight, and for flooding the courts with frivolous lawsuits. The causes and outcomes of the judicialization of American education present a complex and mixed picture, however. The U.S. Office of Economic Opportunity’s Legal Services Program has played a central role in judicialization by providing legal resources to confront racial injustice in the punishment of students and in school funding.