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justiciable questions

The U.S. Supreme Court has held that federal courts may deal only with cases or questions that are justiciable, that is, questions “appropriate for judicial determination” (Aetna Life ...

Current Issues and Trends in India’s School Education

Current Issues and Trends in India’s School Education   Reference library

Vimala Ramachandran

The Oxford Encyclopedia of Race and Education

Reference type:
Subject Reference
Current Version:
2024
Subject:
Social sciences, Education, Sociology
Length:
10,377 words
Illustration(s):
3

...society. Conclusion Given the size and the complexity of India, the issues and trends discussed are just a beginning. The number of schools has gone up, infrastructure has improved, and (most importantly) the Right to Education Act has made elementary education a fundamental justiciable right of every child of 6 to 14 years. Notwithstanding this achievement, the sad reality is that India is still struggling with basic systemic issues like adequate teachers in all schools, proper facilities for children and teachers, a working accountability, and monitoring a...

The Judicialization of American Education

The Judicialization of American Education   Reference library

J. C. Blokhuis and Randall Curren

The Oxford Encyclopedia of Philosophy of Education

Reference type:
Subject Reference
Current Version:
2022
Subject:
Philosophy, Social sciences, Education
Length:
8,966 words

...American federal courts distinguished political questions from legal questions. Under the political question doctrine, controversies on which the Constitution offered no clear guidance were considered non-justiciable . The courts deferred to the democratically elected branches of government for the resolution of political matters. In Baker v. Carr , 369 U.S. 186 ( 1962 ), a deeply divided Supreme Court reformulated the political question doctrine and found redistricting to be a justiciable issue. Justice Felix Frankfurter dissented strenuously,...

Teacher Education and Inclusion in the Asia-Pacific Region

Teacher Education and Inclusion in the Asia-Pacific Region   Reference library

Chris Forlin

Oxford Encyclopedia of Global Perspectives on Teacher Education

Reference type:
Subject Reference
Current Version:
2020
Subject:
Social sciences, Education
Length:
7,613 words
Illustration(s):
3

...policies not funded. When public systems do not provide an education of sufficient quality, and for-profit actors fill the gap but operate without regulation, the marginalized lose out. Governments are the primary duty bearers for the right to education, yet this right is not justiciable in almost half of countries. ( UNESCO, 2017/2018 , p. 7) In the meantime, teachers are expected to ensure that all children reach the same standards by passing the same examinations. Clearly, this unachievable goal is very stressful for teachers and students alike. This is pa...

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