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Suing the Government |
| Section: MODERN THOUGHT / EQUAL ACCESS TO JUSTICE? |
| Author: Peter H. Schuck |
| Publication: The world & I online |
| Issue Date: 6/1/1991 |
| Size: 4,635 Words, 30,440 Characters |
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Lawbreaking is endemic to government. James Madison, a republican without illusions, viewed this as perhaps the most problematic aspect of political life:
But what is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty is this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.
Madison taught that the tol...
. . .
...boards) and litigation strategies (limits on sovereign immunity, more fee-shifting in successful suits against the government, no-fault compensation for certain types of injuries, and more carefully designed class action remedies). Although changes like these will obviously be difficult to implement, "the necessity of auxiliary precautions" of which Madison wrote should encourage us to try. vbcrlf
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