|Institution:||University of Saskatchewan|
|Full text PDF:||http://hdl.handle.net/10388/etd-08102010-104323|
In the study of the legal responsibilities of the publicly elected school boards of Saskatchewan, the question of "what is law" arises. Remmlien defines "law" as follows: The word "law" used in general terms means the body of legal rules which stem from all sources, and in this sense it includes much more than statutory enactments.6 These sources are: constitutional provisions, federal and provincial statutes, regulations of the department of education, school board regulations, and judicial decisions. The regulations issued by the department of education and local school boards have the same authority as legislative enactments. Many regulations of boards are in areas in which the statutes are either silent or not sufficiently explicit. Consequently, these regulations are often the subject of litigation. In this manner, judicial clarification and interpretation of controversial educational issues become valuable sources of legal principles supplementing constitutional provisions and statutory enactments. It is beyond the scope of this study to attempt to cover all possible legal problems which may be the concern of the publicly elected school boards of Saskatchewan. It is also well to remember that the evolutionary nature of law complicates any such study. Every year new statutes are enacted and existing ones are amended in order to meet new problems and changing conditions. As is shown in the review of the literature, judicial interpretation of issues may also be changed if the judiciary is of the opinion that a change is needed.7 In reference to this point, Reed states: Education Law touches the lives of more persons than any other branch of law. The law affecting education, like that in other areas, often needs to be adjusted to meet new conditions and problems.8 The purpose of this study is to synthesize legal data in certain areas of the legal responsibilities of the publicly elected school boards of Saskatchewan, as ascertained by legislation, statutory regulations, court decisions, and boards of reference. The data examined are not exclusively Saskatchewan oriented since other provinces have legislation which is similar, in some areas, to that presently in effect in this province. 6. Madeline Kinter Remmlein, School Law,Toronto: McGraw Hill Book Company, Inc., 1950, p. 1. 7. See pp . 12-3. 8. Wayne O. Reed, "School Legislation," School Executive, 73:80, June, 1954.