A Study of the Roles of Interest Groups and the Courts in Canadian Educational Policy Development
Date
1990-05
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
ORCID
Type
Degree Level
Doctoral
Abstract
Current educational policy theory recognizes two legitimate levels of
educational decision-making, provincial ministries/departments of education and
local school boards. The purpose of this thesis was to investigate whether a new,
third level (i.e., a judicial level) of educational policy-making is evolving in Canada
More specifically, the thesis examines the contemporary educational policy-making
context in order to ascertain if the nature of educational policy-making structures,
changes in the nature and activity of educational interest groups, and changes in the roles and philosophy of the Canadian judiciary may, in conjunction, be creating an unrecognized level of educational policy-making in this country. In addition, the
thesis seeks to examine the possible implications of such an addition to the
educational policy equation.
Conceptually, the thesis is divided into three parts: (a) a review of the literature
concerning interest groups, the Canadian courts, and educational policy-making,
and the relationships which exist among these phenomena; (b) a questionnaire
survey polling the perceptions of knowledgeable professionals concerning these
phenomena and their relationships; and, (c) intensive interviews of 24 individuals
representing interest groups and decision-making bodies which have been involved
in educational policy litigation.
Data gathered in the study supported perceptions found in the literature which
suggested: (a) that the educational policy process is becoming increasingly
centralized and less accessible to input from groups representing special interests;
(b) that interest groups are becoming more numerous, more aggressive and more likely to use litigation as a method of influencing educational policy; and, (c) that
the courts are adopting a more quasi-legislative role and a more liberal philosophy,
primarily, but not exclusively, as a result of the implementation of the Canadian
Charter of Rights and Freedoms. In conjunction, these factors appear to set the
stage for significant judicial decisions which could fundamentally alter traditional
conceptions of legitimate, accountable, educational policy-making. Of particular
interest is the possible leveling, or nationalizing, effect of judicial decisions in the
constitutionally sensitive area of educational policy.
Description
Keywords
Education Administration, policy, interest groups
Citation
Degree
Doctor of Philosophy (Ph.D.)
Department
Educational Administration
Program
Educational Administration