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Neville Harris, Professor of Law, University of Manchester,
UK, "The Three 'R's' - Rights, Remedies and Regulation: The Legal Frontiers
of Education in the 1990s", in "Education Law", Liverpool
Law Review XX/1 (1998), 7-40: The right to education is a fundamental
human right. In England and Wales, education rights have formed
part of an increasingly complex legal framework surrounding educational
provision. The past two decades have witnessed an unprecedented degree of
legislative reform governing education; and the system which emerged from
R.A. Butler's Education Act 1944 has been transformed. The education system
now operates in an environment of intense regulation, which has had
serious implications for the professional autonomy of teachers and
for the determination and consequences of education "success"
and "failure". It has also been subjected to the forces of consumerism,
in particular through a policy a promoting choice in education. Important
rights and remedies have been introduced, but choice has proved an
illusory concept. The Labour Government elected in 1997 has put a particularly
strong emphasis on quality in schoolsat a time when opportunities
for litigation in respect of defective provision are opening up. The combination
of consumerist forces and individual expectations raised by the political
focus on educational standards and the emergent concept of "stakeholderism"
is likely to result in increasing resort to law by dissatisfied parents,
students and others. e-mail: Neville.Harris@man.ac.uk
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