The Right to Higher Education and Political Authority

2021 ◽  
pp. 125-154
Author(s):  
Christopher Martin
Keyword(s):  
Higher Education ◽  
Compulsory Education ◽  
Political Authority ◽  
The State ◽  
Political Justice ◽  
The Right ◽  
Do So ◽  
Proactive Role

This chapter provides an account of the nature and scope of political authority over higher education. The account sets out a proactive role for the state the autonomous flourishing of adults. It affirms the idea that the liberal state’s educational obligations to citizens extend beyond a basic or compulsory education, not only for reasons of political justice, but also because it is politically legitimate for the state to do so. The chapter defends this account against the concern that such authority is too paternalistic, and gives examples of how this conception of authority would apply (and not apply) to higher education.

La juventud rural en Colombia: estudio crítico sobre el acceso a la formación académica superior

2016 ◽  
Vol 9 (14) ◽  
pp. 166-181
Author(s):  
Elvis Pinzón Laitón
Keyword(s):  
Higher Education ◽  
Time Lapse ◽  
The State ◽  
Media Education ◽  
Rural Sector ◽  
Life Project ◽  
Life Styles ◽  
The Right ◽  
Public Politics

El escrito demuestra que los(as) jóvenes del sector ru- ral, con relación a la educación superior, requieren de una pronta y justa atención por parte del Estado para ayudarlos(as) a superar las dificultades que afrontan una vez terminan la educación media, de modo que no vean frustrado el desarrollo de su proyecto de vida. Enfatiza en la importancia de la formulación y ejecución de polí- ticas públicas claras y adecuadas a las necesidades de los egresados de aquellos municipios distantes a las universi- dades, caso específico los de Tununguá, Boyacá, Colom- bia. Defiende la educación como el medio más importante para el desarrollo del sector rural en el país; esto implica cobertura, ayuda económica, orientación a las familias y compromiso del (la) joven para hacer parte de procesos formativos a nivel profesional en el campo de conocimien- to de su preferencia, y de esta forma acceder a otros estilos de vida para su familia, en el marco de un país que recono- ce el derecho a la igualdad.The writing shows that the young’s of the rural sector in relation to higher education, require a prompt and fair attention of the state to help to overcome the difficulties they face once, they finish their media education studies, frustrating the development of the life project, of each teenage, which is built in this time lapse. It focuses on the importance of the formulation and execution of clear public politics suitable to the necessity of the graduates of those towns distant of the universities as is the specific case of Tununguá (Boyacá, Colombia). It defends the ed- ucation line the most suitable media for the development of the rural sector in our country. It implies coverage, economic help, orientation to the families and commit- ment of the young to make part of formative processes at professional level in the knowledge field the student selects and on this way to get other life styles for their families inside the framework of a country that promul- gates the right to equality. 

scholarly journals What has the Constitutional Court Given Us? Afriforum v University of the Free State 2018 (4) BCLR 387 (CC)

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Mokgadi Margaret Mokgokong ◽  
Moses Retselisitsoe Phooko
Keyword(s):  
Higher Education ◽  
South Africa ◽  
South African ◽  
Further Education ◽  
The State ◽  
Constitutional Court ◽  
Official Language ◽  
National Party ◽  
The Right ◽  
To Receive

The history of South Africa is an unpleasant one. It was a society based on racial segregation with the promotion of Afrikaner culture and the Afrikaans language above all other languages. This can be traced to the architect of apartheid, the Afrikaner National Party, which introduced apartheid. Afrikaans-speaking people, through the Afrikaner National Party, dominated South Africa politically. Their language too, was promoted above all other languages. For example, Afrikaans enjoyed more privileges than other languages in that it was used for drafting laws, as the language of record in the courts and was also the only compulsory subject for learning. The apartheid government, through its racial policies, used the Afrikaans language as a tool to control Black South Africans in almost all spheres of life, including education, which had to be undertaken in Afrikaans. It is therefore no surprise that there were five universities that offered education mainly in Afrikaans. These are Stellenbosch University, University of the Free State, University of Pretoria, Potchefstroom University for Christian Higher Education (now North-West University) and Randse Afrikaanse Universiteit (now University of Johannesburg). The use of the Afrikaans language as an instrument for social control was not sustainable. The new constitutional dispensation ushered in an era wherein respect for fundamental human rights and freedoms is at the top of the South African agenda. The right to further education is constitutionally recognised in section 29(1)(b) of the Constitution of the Republic of South Africa, 1996. Section 29(2) of the Constitution further recognises and embraces the diversity of South African society and provides that “everyone has the right to receive education in the official language or languages of their choice in public education institutions where that education is reasonably practicable” (s 29(b) of the Constitution). The State has an obligation to take reasonable measures on a progressive basis to ensure that further education is available and accessible (s 29(1)(b) of the Constitution). In ensuring “effective access to and implementation” of the right to further education, It is notable that, in its endeavour to make further education available and accessible, the State is required to consider several factors such as language policies. In an effort to facilitate the realisation of the right to further education, the Higher Education Act (101 of 1997) was enacted in order inter alia to “redress past discrimination and ensure representivity and equal access to higher education institutions” (preamble to the Act).In the UFS case (CC), the Constitutional Court applied section 29(1)(b) of the Constitution, which provides for the right to further education and the “right to receive education in the official language or languages of [one’s] choice”. This note centres on this decision and seeks to critically discuss and analyse both the majority and minority decisions of the Constitutional Court. The question presented is whether the Constitutional Court has given the public a solution to the issue surrounding the use of either Afrikaans or English as a language medium of instruction in the higher education sector and what the effect of this has been on the development of other languages. The case note is divided into five sections. The facts of the case, the issues put before the court for consideration and the finding of the court are discussed in part 2. Part 3 contains an analysis of the minority and majority judgments. Part 4 considers whether the court has given us any solutions. Part 5 sets out the authors’ recommendations and their conclusions.

What Should the Right to Higher Education Look Like?

2021 ◽  
pp. 187-218
Author(s):  
Christopher Martin
Keyword(s):  
Higher Education ◽  
Public Policy ◽  
Higher Education Policy ◽  
Growth And Development ◽  
Compulsory Education ◽  
Human Welfare ◽  
Institutional Practice ◽  
Higher Education Systems ◽  
The Right

This chapter addresses some key objections to the right to higher education and provides a fuller picture of what this right can look like at the level of public policy and institutional practice. First, the chapter revisits the broader rationale for the argument in order to show how a rights-based conception of can better inform public debate about the justice, fairness, and purposes of higher education. Second, it applies this account to Martin Trow’s famous conceptualization of higher education systems into “elite,” “mass,” and “universal” stages of growth and development in order to demonstrate how the right to higher education can inform higher education policy. Finally, it addresses the worry that the right to higher education overstates the importance of post-compulsory education for a liberal society. Here the chapter engages with issues about the role of higher education in the promotion of human welfare and the level of “idealization” built into the argument.

scholarly journals Ensuring the right to education by state university’s funding programs

2021 ◽  
Vol 20 (3) ◽  
pp. 453-468
Author(s):  
Sergei A. Belov ◽  
◽  
Alexander A. Soloviev ◽  
Vyacheslav V. Suyazov ◽  
◽  
...  
Keyword(s):  
Higher Education ◽  
The State ◽  
State Universities ◽  
Right To Education ◽  
Higher Education System ◽  
Public Resources ◽  
Funding Programs ◽  
The Creation ◽  
Constitutional Right ◽  
The Right

In the article "Unity of the system of state universities in today’s Russia", published in August 2020, it was proved that the constitutional right to education implies the need to support not only the leading universities of the country with the help of "academic leadership" programs, but all universities established by the state. Firstly, the creation of a university by the state presupposes responsibility on the part of the state as the founder for ensuring the conditions of its activity; secondly, students of all state universities equally have the right to demand from the state the creation of conditions for obtaining high-quality and modern education. In the development of the concept of unity of the higher education system, this article discusses specific practical steps to implement the approaches indicated in the article in terms of the use of public resources. The authors formulated a number of proposals regarding the state policy in the field of science and higher education in relation to the distribution of financial resources and other resources between institutions of higher education, and also proposed specific measures for their implementation, described by examples from practice.

Grand Days, Dark Palaces

2013 ◽  
Author(s):  
Heather Rae ◽  
Christian Reus-Smit
Keyword(s):  
International Relations ◽  
Political Engagement ◽  
The State ◽  
Political Justice ◽  
Liberal Internationalism ◽  
The Past ◽  
The Future ◽  
The Individual ◽  
Do So

Exploring contradictions inherent in liberal orders, this chapter questions the treatment of liberalism in the International Relations academy as a relatively straightforward set of beliefs about the individual, the state, the market, and political justice. It asserts that the contradictions and tensions within liberal internationalism are in fact deep and troubling. Highlighting some of liberalism's obscured and sometimes denied contradictions — between liberal ‘statism’ and liberal ‘cosmopolitanism’; between liberal ‘proceduralism’ and liberal ‘consequentialism’; and between liberal ‘absolutism’ and liberal ‘toleration’ — the chapter explores their implications for liberal ordering practices internationally. It concludes that liberal political engagement necessitates a more reflective standpoint and more historical sensibility if we are to be aware of how contradictions have shaped liberal orders in the past and are likely to continue to do so in the future.

scholarly journals Markets, governments, and politics

2019 ◽  
pp. 153-177
Author(s):  
Deepak Nayyar
Keyword(s):  
Critical Role ◽  
Economic Transformation ◽  
The State ◽  
Efficient Markets ◽  
Checks And Balances ◽  
The Right ◽  
Over Time ◽  
Better Than ◽  
Do So ◽  
The Way

This chapter shows that governments performed a critical role, ranging from leader to catalyst or supporter, in the economic transformation of Asia spanning half a century, while their willingness and ability to do so depended on the nature of the state, which in turn was shaped by politics. It argues that the state and the market are complements rather than substitutes and that the two institutions must adapt to each other in an interactive co-operative manner over time. Success at development in Asia was about managing this evolving relationship between states and markets, by finding the right balance in their respective roles, which also changed over time. This experience suggests that efficient markets and effective governments, in tandem, provided the way forward to development. It is only institutionalized checks and balances that can make governments more development-oriented and people-friendly. Thus, for Asia’s continuing journey in development, democracy is clearly better than the alternatives.

scholarly journals PROTECTION RIGHTS FOR THE BRAND IN A PRODUCT (DESI FEBRIANI) Quiz Selected Section Class

2018 ◽  
Author(s):  
Desi Febriani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Ongoing Development ◽  
The Right ◽  
Distinguishing Features ◽  
Do So

Protection of intellectual property rights is very important for ongoing development in Indonesia. Protected intellectual property rights in Indonesia may be brands, licenses, copyrights, patents or industrial designs. Whereas Patent is a special right granted by the State to the inventor for his findings in the field of technology for a certain period of time carrying out his own invention to give his consent to others to do so (Law No. 6 of 1989).In Indonesia, the rights of the brand were first applied to the Industriele Eigendom Kolonien Regulations in 1912, this provision was valid until 1961 (UUNo.21 about corporate and commercial brands).In 1992 there was only Law No. 19 and amended by Law No. 15 of 2001 According to Law No.15 of 2001 article 1 paragraph 1 the right of the brand is a sign in the form of images, names, words, letters, numbers, arrangement of colors, or a combination of elements elements that have distinguishing features and are used in the trading of goods or services.Keywords: Copyrights and Brands.

scholarly journals A Brief Study on the Imposition of Mizoram Under President’s Rule

2021 ◽  
Vol 5 (2) ◽  
pp. 66-75
Author(s):  
R. Vanlalhmangaihsanga
Keyword(s):  
Central Government ◽  
The State ◽  
The Third ◽  
Executive Authority ◽  
State Administration ◽  
The Right ◽  
Union Territory ◽  
Do So ◽  
Union Government

Under Article 356 of the constitution of India, Union Government has the right to cease the executive authority of a state and impose it under President’s Rule. However, the President’s Rule is usually exercised only when the administration of the state cannot function properly according to the provision given in the Constitution of India. When a state is imposed under President’s Rule, the Governor will have authority over the state administration and he will do so under the provision of the central government. Mizoram has also been imposed under President’s Rule thrice. The first two times was during the period in which Mizoram was a Union Territory and the third time was after it attains statehood.

scholarly journals An Introduction to the Problem of Authority

2019 ◽  
pp. 13-29
Author(s):  
Michael Huemer
Keyword(s):  
Political Legitimacy ◽  
Special Kind ◽  
Jel Classification ◽  
Political Authority ◽  
The State ◽  
Physical Force ◽  
Palabras Clave ◽  
Or Groups ◽  
The Government ◽  
Do So

By general consensus, there is a presumption against coercion: Only in a relatively narrow range of circumstances may an individual or group deploy physical force, or threats of physical force, against other individuals or groups. However, these circumstances do not include most of the circumstances in which governments actually deploy force. In other words, the typical behav- ior of governments is behavior that would be considered unacceptable, if adopted by any non-governmental person or group. This happens because the government is thought to have a special kind of authority (political authority), which private individuals and groups lack. The central contention of this paper is that there is nothing special about the state that explains why it would have authority over everyone else. The state, therefore, has only political power, not political authority. That is, it has the ability to coerce other agents and to take their resources, but it has no more moral right to do so than any other agent has. This view leads to a libertarian political philosophy. Keywords: political authority, political legitimacy, political obligation coercion, libertarianism JEL Classification: D63, D74, Z18 Resumen: Por consenso general, existe una presunción contra la coerción: sólo en un rango relativamente estrecho de circunstancias puede un individuo o grupo desplegar fuerza física, o amenazas de fuerza física, contra otros indi- viduos o grupos. Sin embargo, estas circunstancias no incluyen la mayoría de las circunstancias en las que los gobiernos realmente implementan la fuerza.  En otras palabras, el comportamiento típico de los gobiernos es un comportam- iento que se consideraría inaceptable si fuera adoptado por cualquier persona o grupo no gubernamental. Esto sucede porque se piensa que el gobierno tiene un tipo especial de autoridad (autoridad política) de la cual carecen los individuos y grupos privados. El argumento central de este artículo es que no hay nada especial en el estado que explique por qué debería tener autoridad sobre todos los demás. El estado, por lo tanto, sólo tiene poder político, no autoridad política. Es decir, tiene la capacidad de coaccionar a otros agentes y de tomar sus recursos, pero no tiene más derecho moral de hacerlo que cualquier otro agente. Esta visión conduce a una filosofía política libertaria. Palabras clave: autoridad política, legitimidad política, obligación política, coerción, libertarianismo Clasificación JEL: D63, D74, Z18

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