2007 Fiscal Year Final Research Report Summary
Study on the legal structure of freedom of private school and public aid to private school in Europe
| Project/Area Number |
18530644
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Educaion
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| Research Institution | National Institute for Educational Policy Research |
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Principal Investigator |
YUKI Makoto National Institute for Educational Policy Research, Research Department of Educational Policy and Evaluation, Senior Researcher (20033574)
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| Project Period (FY) |
2006 – 2007
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| Keywords | freedom of private school / freedom of education / educational rights of parents / public aid to private school / public sphere of private school / equality of educational opportunity / significance of private school existence / pluralism in education |
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| Research Abstract |
The positive importance of private school existence is found in distinctiveness which differs from national and public schools in educational quality. However, for that occasion, how should private school be treated in educational policy and how should it be established legislatively in educational law.
Within current legal system, private schools have "freedom of private school (Privatschulfreiheit)". The question is whether this freedom includes "freedom of education in private school" and "freedom of Tendenzbetrieb" as well as "freedom of establishing schools". Besides, why private schools are highly rated and public funds are used, in most liberal democratic countries. In regard to this case, is the aid from the public funds of those countries the same kind as that of Japan which government agencies have great discretionary powers. Alternatively, as noted in the resolution of Europe congress (1984), does it rather belong to national obligation as something which provides the practical and financial foundation to raison d'etre or social and public roles of private school, which derived from systemic safeguards of private school and legal protection of "freedom of private school". Furthermore, to what extent and degree, does the aid include public control. It'd be the matter of strained relations with "freedom of private school".
Therefore, this research introduces theoretical rationalization on the importance of private school existence, "freedom of private school" and furthermore, public sphere of private school with comparative jurisprudence approach. In response, I examined legislative situation regarding freedom of private school and public aid in six countries, Netherlands, Germany, Denmark, Belgium, Spain, and Norway, especially Netherlands which is private school-dominated country, from school jurisprudential perspective. Eventually, I compile a report and published it.
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Research Products
(6 results)
