A Litigation Democracy

  • Patrick M. Garry


As envisioned by the Constitutional framers, of the three branches of government—executive, legislative, and judicial—the first two were supposed to be the ones in which the public most actively participated. Indeed, throughout most of American history, the political branches have commanded more of the public’s attention and energies than has the judicial. But with the litigation explosion erupting in the late decades of the 20th century, the courts have increasingly drained public attention and involvement from the political process. In effect, the litigation process has subverted the political process. It is as though, through the litigation explosion, the courts have become the arena for the political involvement of society, with the act of suing superseding the act of legislating.


Sexual Harassment Political Process Punitive Damage Compensatory Damage Antitrust Case 
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© Springer Science+Business Media New York 1997

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  • Patrick M. Garry

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