Critiques and Addresses by Thomas Henry Huxley
page 46 of 350 (13%)
page 46 of 350 (13%)
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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, |
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