国民の教育権論と内外事項区分論

概要

論文の詳細を見る
To reconstruct the theory of divison, it is necessary: 1. to prescribe first the relationship between individuals including children and parents, and the state including schools and teachers. The state is responsible for both interna and externa, though there are much larger limit on the interna in respect to the realization or protection of fundamental human rights; 2. to divide a state into legislative, administrative and educative functions. We have to prescribe the mutual relationship, regarding the principles of direct responsibility and adjustment of conditions. Legislative functions extend over both interna and externa. By contrast the adminisutrative functions and the educative ones are limited to externa and interna respectively. 3. to locate educational actions of teachers and management by their skillsin interna and externa respectively. In the consideration of fair and appropriate treatment, teachers are free to exercise their own skills as professions, but professonal skills are to be appraised or managed on objective and professonal standards by the educational administration.
秋田大学の論文