Abstract
This study uses the political connotation of democracy in constitutional contexts as an instrument to clarify the democratic legitimacy of the governance of education.
The author concludes that the current legislation on participation and good governance
falls short of the four notions of democratic legitimacy comprised in this study. It is true that in recent years more attention has been paid to democratic
legitimacy, but there are still fundamental flaws in legislation. Democratic deficiencies
still exist in foundations, whereas associations mainly face democratic duplications
due to education legislation. The problems in current legislation are so fundamental
that adjustments are necessary. With regard to the position of parents the
path of participation seems a dead end. This study mentions four versions of an
educative democracy that, to a decreasing degree, comply with the notions of
democratic legitimacy: 1. mandatory educative democracy in public and private
education; 2. mandatory educative democracy in private education; 3. voluntary
educative democracy; 4. educative democracy in current legal forms. The first three
variants are based on an association form with mandatory membership of all
parents. Following the teleological interpretation method in this study this structure
can be considered a present-day operationalization of the intention of the constitutional
legislator. On present showing an educative democracy is not a solution
for the problems of legitimacy in a socio-cultural sense, but it is a necessary condition
for legal-political legitimacy.
Original language | English |
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Qualification | PhD |
Awarding Institution |
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Supervisors/Advisors |
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Award date | 9 Apr 2021 |
Place of Publication | Den Haag |
Publisher | |
Print ISBNs | 9789462908925 |
Electronic ISBNs | 9789089744937 |
Publication status | Published - 9 Apr 2021 |
Keywords
- governance of education, democratization, legitimacy, participation, freedom of education