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Direct linkPhillips, Ron Sydney – McGill Journal of Education, 2011
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…
Descriptors: Foreign Countries, Federal Government, Canada Natives, Government Role
Download full textBirch, I. K. F.; Herman, G. S. – 1975
This paper examines the relationship between constitutional courts and educational policy in Australia, the United States, and West Germany in an attempt to formulate a statement describing the relative impact of state and federal governments on educational policy in countries with a federal system of government. Much of the paper discusses the…
Descriptors: Constitutional Law, Educational Policy, Elementary Secondary Education, Federal Government
Peer reviewedAllen, Tom – Journal of Law and Education, 1996
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…
Descriptors: Access to Education, Childrens Rights, Constitutional Law, Elementary Secondary Education
James, John T. – Catholic Education: A Journal of Inquiry and Practice, 2004
This article outlines the significant legal decisions regarding collective bargaining in Catholic schools, identifies the governance structures employed in Catholic schools and the methods of translating these governance structures into documents required by civil law, and concludes with the citation of two recent court decisions that demonstrate…
Descriptors: Collective Bargaining, Teaching (Occupation), Unions, Catholic Schools
Congress of the U.S., Washington, DC. Senate Committee on the Judiciary. – 1986
Senate Joint Resolution 2 calls for an amendment to the U.S. Constitution to allow voluntary silent prayer or reflection in public schools. The hearing report consists of testimony on the proposed legislation by expert witnesses, prepared statements by various individuals and organizations, and newspaper article reprints and Supreme Court opinions…
Descriptors: Beliefs, Constitutional History, Constitutional Law, Court Litigation
McCarthy, Martha M.; Deignan, Paul T. – 1982
While the law governing the definition of educational adequacy is still evolving, partial definitions can be gleaned from various state and federal laws and regulations prescribing standards for schools and from judicial interpretations of constitutional and statutory provisions. This document presents the results of such an analysis. After…
Descriptors: Compulsory Education, Constitutional Law, Court Litigation, Definitions
Gittins, Naomi, Ed. – 1990
Presentations delivered at the National School Boards Association (NSBA) Council of School Attorneys 1990 school law seminar are compiled in this publication. The following papers are included: "The 1989 Revolution in Employment Discrimination Law: Procedure Alters Substance," by Charles F. Abernathy; "Special Education Litigation: The Preparation…
Descriptors: Compensation (Remuneration), Compliance (Legal), Constitutional Law, Court Litigation
