Critiques and Addresses eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Critiques and Addresses.

Critiques and Addresses eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Critiques and Addresses.

Reading the Act with this desire to understand it, I find that its provisions may be classified, as might naturally be expected, under two heads:  the one set relating to the subject-matter of education; the other to the establishment, maintenance, and administration of the schools in which that education is to be conducted.

Now it is a most important circumstance, that all the sections of the Act, except four, belong to the latter division; that is, they refer to mere matters of administration.  The four sections in question are the seventh, the fourteenth, the sixteenth, and the ninety-seventh.  Of these, the seventh, the fourteenth, and the ninety-seventh deal with the subject-matter of education, while the sixteenth defines the nature of the relations which are to exist between the “Education Department” (an euphemism for the future Minister of Education) and the School Boards.  It is the sixteenth clause which is the most important, and, in some respects, the most remarkable of all.  It runs thus:—­

“If the School Board do, or permit, any act in contravention of, or fail to comply with, the regulations, according to which a school provided by them is required by this Act to be conducted, the Education Department may declare the School Board to be, and such Board shall accordingly be deemed to be, a Board in default, and the Education Department may proceed accordingly; and every act, or omission, of any member of the School Board, or manager appointed by them, or any person under the control of the Board, shall be deemed to be permitted by the Board, unless the contrary be proved.
“If any dispute arises as to whether the School Board have done, or permitted, any act in contravention of, or have failed to comply with, the said regulations, the matter shall be referred to the Education Department, whose decision thereon shall be final.”

It will be observed that this clause gives the Minister of Education absolute power over the doings of the School Boards.  He is not only the administrator of the Act, but he is its interpreter.  I had imagined that on the occurrence of a dispute, not as regards a question of pure administration, but as to the meaning of a clause of the Act, a case might be taken and referred to a court of justice.  But I am led to believe that the Legislature has, in the present instance, deliberately taken this power out of the hands of the judges and lodged it in those of the Minister of Education, who, in accordance with our method of making Ministers, will necessarily be a political partisan, and who may be a strong theological sectary into the bargain.  And I am informed by members of Parliament who watched the progress of the Act, that the responsibility for this unusual state of things rests, not with the Government, but with the Legislature, which exhibited a singular disposition to accumulate power in the hands of the future Minister of Education, and to evade the more troublesome difficulties of the education question by leaving them to be settled between that Minister and the School Boards.

Copyrights
Project Gutenberg
Critiques and Addresses from Project Gutenberg. Public domain.