Although it is generally acknowledged that the building of mass schooling systems must be considered in close relation to the emerging nation-states of the long 19th century, few published studies discuss the interrelation between the actual foundation of the (nation-) states and the introduction of the modern school. This article examines the…

In Canada, education is generally referred to as being the exclusive constitutional responsibility of the provinces and territories. However, the federal government has a constitutional responsibility. This responsibility comes from the Constitution Act 1982 and Treaties 1-11 between the Crown (i.e., The Government of Canada) and First Nations…

Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…

Examines provisions of the South African Constitution pertaining to pupil rights in conjunction with the construction the United States Supreme Court has placed on corresponding provisions of the U.S. Constitution. (46 footnotes) (MLF)

The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)

There is widespread concern that higher education is being compromised by being turned into a "commodity" to be "consumed". This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be…

Examines the law of special educational needs in the United States and England, focusing on local authorities' power to determine provision levels. American courts have closely linked education and equality; constitutional law concentrates on the child's legal rights. The English system does not recognize a right to education or equal access to…

The Education Law Association's yearbook of education law provides lawyers, administrators, and professors with a comprehensive review and analysis of the previous year's state and federal court decisions and legislation affecting the operation, management, and governance of public elementary and secondary schools, higher education, and…

The 1982 Canadian Charter of Rights and Freedoms guarantees equal protection and equal benefit of the law to all individuals without discrimination "and, in particular, without discrimination based on...mental or physical handicap." This report identifies and clarifies policy-making questions and issues that are arising as educators…