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On The Legislation Of American Higher Education (LAHE)

Posted on:2004-02-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y YaoFull Text:PDF
GTID:1116360095951276Subject:Higher Education
Abstract/Summary:PDF Full Text Request
The USA is the most developed country on the higher education in the world and the most mature on the law system among the west countries. And LAKE is just represented the joint of "the most two". The task, On the LAHE-- Analyzing Based on the System of Legislation, is one of the cross-subject study from the legislative system by the theory of pedagogy and law. Therefore the study can wide not only the view of the comparative higher education, but also to our use for reference.The methods of documentation, statistics, comparison, and interview are used in the study. The starting point of the study is based on classifying and analyzing the correlation materials about the subject in and out of China.According to the criteria to "combine the important cases of education legislation and of history development", the history of LAKE is divided into three periods: Copied period (1492-1861), characteristics establishing period (1862-1957), and consummated period (1958~to the present). From the classification and analysis we can find a very close correlation between all previous great developments and higher education legislation. That is to say, the history of higher education is also a history of higher education legislation. Furthermore we can also see the effectiveness of legislation: financing, inducting, and management to higher education. Put together all the three forces, it reflects the American authority to promote the development of higher education, and it also reflects the permanent effect to persist in development with higher education to its country and society. According to this cognition, the dissertation concludes that it is LAHE that brings the development of higher education full of vitality, and it in turn brings the higher education to the first position in the world.In order to sum up the characteristics of LAHE canonically and objectively, the dissertation expounds in details the three parts of legislation system of higher education according to the theory of legislation. It also means that the article discusses the authority of legislation, the powers of legislation and the process of legislation in details, analyzes the two classical cases ~ Morrill Act, Trustees of Dartmouth College V. Woodward with the theory of law. Meanwhile, it puts forward the three "musts" criterion to sum up the characteristics: it must be reflected the situation of America,answered the trait of America; it must be the most remarkable features of higher educational legislation; it must be the connected to the most general features of higher educational legislation. The three "must "criterion exerts an influence on the characteristics of higher education legislation as a whole. Based on it, the characteristics gained from the AHEL are: Firstly, non-singleness on the system of higher education legislation-statute law and case law are developed all the time. It indicates that AHEL is built on the two non-excluded, corporate growth ways, and that the law culture of American brings the inosculated and advanced strength to AHEL; Secondly, separation of powers on the framework of higher education legislation-parted and restricted are existed all along. It means that the legislative power is based on the absolute separated and relative restricted structure in order to supervise the legislation power through the separated and restricted legislation power, and that the action of AHEL is done by the separated and restricted jurisprudence; Thirdly, practical on the principles of higher education legislation-operational and changeable objects of legislation are being all the same. It shows that the virtual effects to the higher education development are regarded as the most important through the higher education legislation, and that the effects to the higher education is caused by the America pragmatism jurisprudence.It is also founded that the disadvantages are existed, such as that process of legislation is too long and the relation between legislative bills and appropriation bills is disengaged. According to...
Keywords/Search Tags:American higher education, higher education legislation, system of higher education legislation, characteristics of higher education legislation
PDF Full Text Request
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