Interest groups, the courts and the development of educational policy in Canada

Abstract

The study reported in this article investigated the recent emergence of several concurrent socio‐political phenomena, the interaction of which appeared to be forcing a shift away from traditional conceptions of how legitimate, accountable educational policy decisions are made in Canada. Specifically, the study investigated the phenomenon of educational interest group use of the courts to force educational decision makers to implement changes in educational policy. The literature reviewed and the data obtained in both phases of the study supported the contention that all five of the preconditions necessary to the emergence of a new third level of Canadian educational policy making (a judicial level) have been met. The study found that increasing numbers of special interest groups are exerting pressure on educational decision makers, and that when such groups are excluded from the policy‐making process they are becoming more likely to use litigation to force policy change. This suggests that significant cha...