Educational policy of the German Bundesverfassungsgericht |
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Authors: | Frank-Rüdiger Jach |
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Affiliation: | (1) IInstitute for Educational Development and Educational Law, Hannover, Germany |
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Abstract: | This article analyses the jurisdiction of the German Federal Constitution Court over the basic rights of parents, pupils and private schools and the traditional interpretation of the term “supervision of schools by the state” in Art. 7 para 1 Grundgesetz. The term “school supervision by the state” is traditionally interpretated as the state's absolute rights with regard to organisation, planning, control and supervision of schools. The author argues for a new interpretation to limit such supervision to the question of the legality of school activities. Parents should have a free choice between private and state schools. For this it is necessary to give subsidies to private schools in a way that every pupil can enter a school without differentiation according to the social standards or the income of their parents. With these principles in mind, the German Federal Constitution Court tried in 1987 in exemplary fashion to harmonise the constitutional claim and the constitutional reality. However, its recent decisions cast doubt upon this positive assessment. This revised version was published online in July 2006 with corrections to the Cover Date. |
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Keywords: | basic rights of parents and pupils independent education pedagogical freedom private schools school diversity subsidies by the state for private schools supervision of the schools by the state |
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