Court-led educational reforms in political third rails: lessons from the litigation over ultra-religious Jewish schools in Israel

被引:18
作者
Perry-Hazan, Lotem [1 ]
机构
[1] Univ Haifa, Fac Educ, Dept Leadership & Policy Educ, IL-31999 Haifa, Israel
关键词
education policy; courts; education law; religion; Israel; educational change; HUMAN-RIGHTS; POLICY; STATE; LAW; POWER; RACE;
D O I
10.1080/02680939.2014.987829
中图分类号
G40 [教育学];
学科分类号
040101 ; 120403 ;
摘要
This paper offers a model for evaluating the strengths and weaknesses of judicial involvement in educational reforms. It uses the model to analyze two case studies of court-led educational reforms in the third rail of Israeli politics - the curricula and the admission policies of ultra-Othodox (Haredi) schools. These case studies are located at the knotty junction of human rights, religion, and politics in education policy, generating concern in many countries. The conclusions demonstrate that even when the courts are cautious, judicial involvement in third rail educational reforms may produce impacts that drive the cogwheels of policy-making in directions that are apt to undermine the interests of the petitioners. Therefore, the choice of courts as a forum for shaping education policy in political third rails should be prudently considered. The paper also demonstrates the need to evaluate litigation by means of a contextual, evidence-based analysis. It highlights that in certain cases, what may appear to be unjustified judicial activism or restraint is, in fact, a reasonable response, whose harmful ramifications may be attributed to the context of political third rails. Even the best judges are not immune to the well-known assertion that hard cases make bad law.'
引用
收藏
页码:713 / 746
页数:34
相关论文
共 163 条
  • [1] Almog S., 2011, Journal of Law Education, V40, P273
  • [2] [Anonymous], NY TIMES
  • [3] [Anonymous], FAITH SCH AUTONOMY C
  • [4] [Anonymous], 1999, DEMOCRATIC ED
  • [5] [Anonymous], MODERNITY POSTMODERN
  • [6] Apple M.W., 1990, IDEOLOGY CURRICULUM
  • [7] Ball S. J., 2008, ED BEBATE POLITICS P
  • [8] Religious Diversity, Education, and the "Crisis" in State Neutrality
    Berger, Benjamin L.
    [J]. CANADIAN JOURNAL OF LAW AND SOCIETY, 2014, 29 (01) : 103 - 122
  • [9] Bolick C., 2008, Brigham Young University Law Review, V4, P335
  • [10] Bradney Anthony., 2009, Child and Family Law Quarterly, V21, P133