Education and the law

목차 (Table of Contents)

• CONTENTS
• Foreword = v
• Preface = vii
• Contents = ix
• Abbreviations = xiii
• Table of Cases = xv
• Table of Statutes = xxvii
• Chapter 1 Introduction
• Pluralism and Education = 1
• Transfer of Powers = 3
• Educational Reform and the Role of the Law = 5
• Chapter 2 The Structure of Irish Education: an Historical Outline
• Introduction = 9
• PartⅠ: Educational Developments Prior to 1992
• Education in Ireland = 9
• The Historical Legacy = 11
• The National School System: State Initiative = 15
• Early Church-State Tensions = 19
• Legislative Provision = 22
• Structures for Education = 23
• PartⅡ: Educational Provision after 1922
• Partition: Divergence = 25
• Education in the Free State = 26
• Conclusion = 41
• Chapter 3 Education and the 1937 Constitution: Ideological Background and Case Law
• Introduction = 43
• PartⅠ: The 1937 Constitution
• Ideological Background = 43
• Education and the Natural Law = 51
• PartⅡ: Tensions in Contemporary Education
• The Non-Endowment Principle = 62
• Parental Rights in Education = 68
• School Attendance: The State's Right and Obligation to Prescribe a Minimum Standard of Education = 73
• The Right of the Child to Education = 90
• Constitutional Protection for Denominational Education = 94
• The Integrated Curriculum in Primary Schools = 97
• The Constitutionality of Redeployment or Redundancy Panels = 100
• Chapter 4 Educational Provision and the Constitution
• Introduction = 105
• The Constitutional Framework for Educational Provision = 107
• Provision for School Accommodation in Practice = 121
• Current Expenditure in Education = 127
• Chapter 5 Educational Provision for Children with Disability
• Introduction = 135
• Legislative Provision in Europe = 136
• Provision in the United States of America = 138
• Provision in England = 141
• Provision in Northen Ireland = 143
• Provision in Ireland = 144
• Constitutional Litigation and Special Education Needs = 147
• The Separation of Powers and the Card, Custody and Control of Certain Children = 158
• Chapter 6 The Education Act 1998
• Introduction = 163
• Establishing a Legal Framework for Education = 164
• Voluntary Boards of Management = 165
• Background to the Education Act 1998 = 165
• Provisions of the Education Act 1998 = 172
• PartⅠ= 172
• PartⅡ: Schools = 178
• PartⅢ: The Inspectorate = 184
• PartⅣ: Boards of Management = 186
• PartⅤ: The Principal and Teachers = 191
• PartⅥ: Miscellaneous = 194
• PartⅦ: National Council for Curriculum and Assessment = 199
• PartⅧ: Examinations = 201
• PartⅨ: Bodies Corporate = 204
• Reliance on the Education Act 1998 by Parents or Students = 205
• Chapter 7 European Community Competence in Education
• Introduction = 209
• Member State Sensitivity to Community Intervention in Education = 210
• PartⅠ: The Legal Basis for Community Intervention in Education in the Member States Prior to the TEU
• Education and the Treaty of Rome = 210
• Education in the Member States = 219
• Recognition of Qualifications = 225
• The Evolution of a Common Vocational Training Policy = 236
• National Courts Applying EC Rules = 238
• Transfer of Undertakings = 241
• PartⅡ: The Legal Basis for Community Legislation on Education Following the Treaty on European Union
• The Treaty on European Union = 244
• The Treaty of Amsterdam = 248
• Conclusion = 249
• Chapter 8 Human Rights and Education
• Introduction = 251
• The Right to Education in Human Rights Law = 252
• Institutional Framework for Education Rights = 252
• Judicial Interpretation of ProtocolⅠ(2) of the ECHR = 258
• Irish Education and ProtocolⅠ(2) of the ECHR = 271
• Incorporation of the ECHR in Ireland? = 274
• Human Rights and the Irish System of Education = 275
• A New Human Rights Commission in Ireland = 277
• Chapter 9 The Teacher's Duty of Care: Negligence
• Introduction = 279
• A Branch of General Law of Negligence = 279
• The Standard or Measure of Care = 281
• When the Duty of Care Arises: at Work and at Play = 284
• The Degree of Care = 290
• Insurance = 298
• The Liability of the School Authority = 298
• Statutory Duties = 301
• School Authority's Liability to Third Parties = 303
• School Tours = 304
• Physical Education and Sporting Activities = 306
• Educational Malpractice = 313
• New Developments in Tort = 317
• Chapter 10 The Teacher's Duty of Care: School Discipline
• Introduction = 321
• A Tradition of Informality = 321
• Changing Social and Legal Context = 322
• Appeals under the 1998 Act = 327
• The Disciplinary Responsibility of the School = 333
• Intervention of the Criminal Law = 335
• Source of School's Disciplinary Authority = 337
• School Sanctions = 340
• Principles of Natural Justice = 349
• School Rules and Codes of Discipline = 350
• Recent Changes in English Law = 354
• Conclusion = 356
• Chapter 11 Employment Law Relating to Teachers
• Introduction = 359
• The Sources of Employment Law = 361
• Statutory Provision: The Education Act 1998 = 372
• Constitutional Provisions = 275
• Fair Procedures: Natural and Constitutional Justice = 382
• Modern Employment Legislation = 388
• Employment Equality = 402
• The Employment Equality Act 1997 = 402
• The Employment Equality Act 1998 = 406
• Part-Time Workers = 420
• Unfair Dismissal Acts 1977-1993 = 422
• Disqualification under Statute = 433
• Safety, Health and Welfare at Work Act 1989 = 436
• Protection for Persons Reporting Child Abuse Act 1998 = 443
• Chapter 12 Freedom of Information: Access to Records in Schools
• Introduction = 447
• Data Protection Law = 449
• Freedom of Information = 457
• School Records and the Education Act 1998 = 471
• Defamation = 477
• Appendices
• Appendix A: Education Act, 1998 = 489
• Appendix B: Protections for Persons Reporting Child Abuse Act, 1998 = 529
• Appendix C: Education (welfare) Bill, 1999 = 535
• Appendix D: Code of Practice: Disciplinary Procedures = 561
• Appendix E: Press Releases = 565
• Appendix F: Historical Documents = 571
• Glossary = 577
• Bibliography = 581
• Index = 589