concurring.
I concur in that portion of the majority’s decision which holds that the Kentucky General Assembly has failed to comply with Section 183 of the Kentucky Constitution and has not provided for “an efficient system of common schools throughout the State.” 1 The majority accurately acknowledges that this Court has a constitutional duty to make such a holding. However, the Court’s constitutional duty is not fulfilled merely by declaring that the common school system in Kentucky is constitutionally deficient. This Court must take the additional step of directing the Trial Court to issue appropriate writs to compel correction of this constitutional deficiency.
The Governor, the Superintendent of Public Instruction, and members of the State Board of Education and General Assembly, all of whom are parties to this litigation, swore to “support the Constitution of the United States and the Constitution of this Commonwealth_” Ky. Const. § 228. The majority finds that the General Assembly has failed to perform a major mandatory duty imposed on it by § 183 of the Constitution, yet it grants appellees no remedy for the grievous wrongs they suffer from this dereliction of duty. To declare the right but withhold a remedy is to shirk the Court’s own duty.
It is the province of the courts to protect private rights under the Constitution. Constitutional guaranties would amount to nothing if there was no way to protect *217them ... where it is plain that the Constitution has been violated, it is the duty of the courts to say what the law is, and to protect private rights. Otherwise, the Constitution may be disregarded, and power may be exercised by the Legislature in a case where, under the Constitution, it is without power to act at all, while those whose rights are thus destroyed would be left without remedy.
Zimmerman v. Brooks, 118 Ky. 85, 80 S.W. 443, 447 (1904).
It is well within the power of the courts to issue a writ of mandamus compelling performance of a “plain duty” required by the Constitution. Wooley v. Spalding, Ky., 293 S.W.2d 563, 565 (1956).2 The Governor’s obligation to report the findings of this Court to the General Assembly and to call an Extraordinary Session of the General Assembly to rectify the constitutional deficiency in the Commonwealth’s school system, and to recommend corrective measure, is such a duty. § 79 of the Kentucky Constitution requires the Governor to “give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration such measures as he may deem expedient.” On “extraordinary occasions,” the Governor may convene the General Assembly for a Special Session. Ky. Const. § 80. Undoubtedly, a ruling that the entire common school system in Kentucky is constitutionally deficient is such an extraordinary occasion.
Although the Governor’s power to convene the General Assembly for an Extraordinary Session is discretionary, Kentucky courts have the authority to compel the exercise of a discretionary duty. See McKinstry v. Wells, Ky.App., 548 S.W.2d 169, 174 (1977); Evans v. Thomas, Ky., 372 S.W.2d 798, 800 (1963), cert. denied, 376 U.S. 934, 84 S.Ct. 705, 11 L.Ed.2d 653 (1964); Kaufman v. Humphrey, Ky., 329 S.W.2d 575, 576 (1959).
In dividing the powers of their government into “legislative, executive and judicial departments,” Ky. Const. § 27, the citizens of Kentucky established a government of checks and balances. Each department must play its constitutional role if confrontation and stalemate are to be avoided.
This Court has neither the expertise nor the power to instruct the General Assembly as to how the constitutional deficiency should be corrected. See McKinstry v. Wells, supra. Corrective measures are for the executive department to recommend and for the legislative department to adopt.
The majority’s description of the magnitude of the problem is well stated: “Kentucky’s entire system of common schools is unconstitutional.” (Emphasis supplied.) The importance and complexity of the task forbids postponing the finality of the Court’s decision until the adjournment of the 1990 General Assembly.
The Court must do more than describe, albeit eloquently, the tasks faced by the Executive and Legislative Departments. This decision has provided the Executive and Legislative branches of our government with a rare opportunity to start with a clean slate; to utilize the expertise of its members and others (both inside and outside the state) to study other jurisdictions which have faced a similar problem and successfully solved it; and to stamp a distinguished impression upon the pages of the history of this Commonwealth. Although adequate and additional funding is a necessary part of the contemplated procedure, money alone is not the answer. Efficiency of administration, curriculum, facilities, the ravages of inflation, and many other problems are extant and pleading for cure.
This action should be remanded to the Franklin Circuit Court with direction to immediately issue writs of mandamus requiring the Governor to call an Extraordinary Session of the General Assembly; requiring the Governor, the Superintendent of Public Instruction, and members of the State Board of Education to recommend appropriate corrective measures; and requiring the General Assembly to enact leg*218islation necessary to bring the Kentucky school system into compliance with § 183 of the Kentucky Constitution.
. I also join in the majority’s ruling on the procedural issues concerning the parties to this action.
. Therein the Marion County Board of Education was compelled to establish a high school system "that will afford all children in Marion County equal educational opportunities.” Woofey v. Spalding, 293 S.W.2d at 568 (1956).