ERIC Number: EJ818059
Record Type: Journal
Publication Date: 2006-Jun
Pages: 15
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-0953-9964
EISSN: N/A
Available Date: N/A
Decisions: "Carltona" and the CUC Code
Evans, G. R.
Education and the Law, v18 n2-3 p177-191 Jun 2006
The Committee of University Chairman publishes a code of good practice designed, among other things, to ensure clarity about the authority on which decisions are taken on behalf of universities, subordinate domestic legislation created and the exercise of discretion regulated. In Carltona Ltd.v. Commissioners of Works [1943] 2 All ER 560 AC the question was whether civil servants were acting ultra vires if they acted on behalf of a competent authority without reference to that authority. Oxford and Cambridge, which preserve an ancient system of governance by direct academic democracy, remain testbeds of this principle, for their administrators are in effect their "civil servants", not their managers. This article examines the questions which are arising as both universities begin to create Senior Management Teams, and the implications for the higher education sector more widely. (Contains 44 notes.)
Descriptors: Higher Education, Democratic Values, College Administration, Administrative Principles, Educational Principles, Federal Legislation, Educational Policy, School Law, Civil Rights, Court Litigation, Foreign Countries, Governance, Administrative Organization, Educational Environment
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Publication Type: Journal Articles; Reports - Evaluative
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: United Kingdom
Grant or Contract Numbers: N/A
Author Affiliations: N/A