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ERIC Number: EJ906037
Record Type: Journal
Publication Date: 2010-Oct
Pages: 6
Abstractor: ERIC
Reference Count: 6
ISSN: ISSN-1360-3108
HE's "Get-out-of-Jail-Free Card": The Future of Judicial Deference to the Exercise of Expert Academic Judgement
Palfreyman, David
Perspectives: Policy and Practice in Higher Education, v14 n4 p114-119 Oct 2010
The prime feature of the student's legal relationship with his or her university is that it is governed by contract law, and in all other aspects of life such a contract can be reviewed/investigated by the courts in the event of a dispute between the two parties to the contract. In the world of academe, however, the key aspect of the contract (the delivery of teaching and examining by the university) is beyond such investigation, even by a court (let alone, say, the Office of the Independent Adjudicator [OIA]). This is because the English courts (in line with courts around the world) apply judicial deference to the exercise of expert academic judgement--and hence this concept, as explored in this paper, is a "Get-Out-Of-Jail-Free Card" for universities. Will this privilege of academe continue? Is it threatened by the HRA/ECHR, by the expansion of public law judicial review, by the increased application of consumer law, by the growth of discrimination law? Or perhaps it will be challenged via the QAA and the Bologna Process "enforcing" (over?) precision in "learning outcomes"? This article attempts to give answers to these questions.
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Publication Type: Journal Articles; Opinion Papers
Education Level: Higher Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Australia; United Kingdom; United States