Juridification, Judicialisation and Judicial Activism in Higher Education: Views from the CJEU

Comandè, Fausto; Groof, Jan De

doi:10.1007/978-3-319-91881-5_4

Cited by 2 publications

(1 citation statement)

References 18 publications

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“…by establishing the preconditions for the conduct of politics) from legalistic approaches to institutional, political, and policy problems that substitute for, displace, and even undermine the ordinary political process. Juridification is a term that is commonly used by scholars in various disciplines to describe, among other things, the degree to which areas of social life are increasingly controlled by a profusion of rules, laws, and statutes (Teubner 1987;Habermas 1996;Blichner and Molander 2008;Comandé and de Groof 2018). Juridification is not to be understood as solely the processes of once-unregulated and unrestrained arenas of life being bound, tied, structured, and ordered by law; importantly, the term also recognizes the degree to which rights have been part of a process and have come to dominate, structure, frame, and constrain debates and their products (Croce 2018;Gustafsson 2018;Novak 2018;Sinding Aasen et al 2014;Trägårdh and Delli Carpini 2004).…”

Section: The Juridification Of Higher Educationmentioning

confidence: 99%

World Class Universities

2020

The International Encyclopedia of Higher Education Systems and Institutions

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Section: The Juridification Of Higher Educationmentioning

confidence: 99%

World Class Universities

2020

The International Encyclopedia of Higher Education Systems and Institutions

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On Realizing the World-Class University: Litigation and the State

Novák

2020

Evaluating Education: Normative Systems and Institutional Practices

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This chapter examines Dickinson v. Mälardalen University as an empirical manifestation of state action for creating and maintaining world-class universities (WCUs). It advances the argument that while litigation has long been assumed to play a far more limited role in higher education (HE) than it does in other areas of public policy, this element of governing fuels a different form of state building, in which courts and judges—sometimes from even the mere existence or threat of their intervention—can play a crucial role in WCU development. At the same time, we need to ask a variety of questions about the outcomes of lawsuits and their effects on HE. Does litigation have the effect of realizing the WCU, or does it not matter at all whether policy goals are pressed in courts or through legislation and professional choices? If it does matter, how and why? This chapter argues that a turn to the courts and a reliance on more formal, less malleable rules is not merely an alternative route to the same goal; litigation matters because law is different, because judicial decision-making shapes and constrains HE politics and policy in important ways.

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Juridification, Judicialisation and Judicial Activism in Higher Education: Views from the CJEU

Cited by 2 publications

References 18 publications

World Class Universities

World Class Universities

On Realizing the World-Class University: Litigation and the State

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