TQM’s impact on the legal apparatus: informing and directing compliance practices

Padro, Fernando F. and Green, Jonathan H. (2018) TQM’s impact on the legal apparatus: informing and directing compliance practices. In: The Palgrave handbook of education law for schools. Palgrave Macmillan Ltd., Cham, Switzerland, pp. 167-196. ISBN 978-3-319-77750-4

Abstract

As we near the end of the second decade of the 21st century, the education sector is still talking about TQM (or quality management systems as is becoming known in reference to the ISO 9000 series of standards). TQM has been accepted as an ‘inferior’ source of legal norms in numerous countries, based on what Hart (1997) saw as ‘rule of recognition’. This does not mean that TQM is seen as of lesser value, but as dependent of and supporting or undergirding the ‘superior’ legal norms espoused in administrative procedure acts and enacted through regulatory schemes. Why has TQM made such inroads within the regulatory schemes of government and why should teachers and administrators within all levels of the education sector have to concern themselves with it? Much of this is due to educational systems at all levels (primary, secondary, higher) have developed new industries around it to meet public and government expectations. Becoming aware of TQM’s presence in the regulatory environment helps make sense of demands and expectations from the external environment as represented by government and other key stakeholders. TQM, rather than being treated as a fad, should be seen as a normative “source” of law as viewed by Kelsen (1952) or as a “paradigm” which filters the interpretation and acceptance of the norm (Dworkin 1986). TQM is often seen in terms of a leadership or management framework, but in actuality it is more frequently adopted for the sake of utility by politicians and regulators. The result: economic theory and managerialism have become more widespread in administrative rules while at the same time providing challenges to, among other things, earlier accepted standards of practice in administrative procedures and decision review concepts (McAuslan 1988).


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Item Type: Book Chapter (Commonwealth Reporting Category B)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version, in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre: Current - Open Access College (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Open Access College (1 Jul 2013 -)
Date Deposited: 09 Jan 2020 23:50
Last Modified: 12 Feb 2020 02:36
Uncontrolled Keywords: TQM, QMS, quality, continuous improvement, regulatory compliance, neoliberalism, statutes, regulation
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180199 Law not elsewhere classified
13 Education > 1301 Education Systems > 130103 Higher Education
18 Law and Legal Studies > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified
13 Education > 1303 Specialist Studies in Education > 130399 Specialist Studies in Education not elsewhere classified
18 Law and Legal Studies > 1801 Law > 180103 Administrative Law
15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150313 Quality Management
13 Education > 1303 Specialist Studies in Education > 130304 Educational Administration, Management and Leadership
13 Education > 1399 Other Education > 139999 Education not elsewhere classified
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150312 Organisational Planning and Management
13 Education > 1303 Specialist Studies in Education > 130303 Education Assessment and Evaluation
13 Education > 1301 Education Systems > 130106 Secondary Education
13 Education > 1301 Education Systems > 130105 Primary Education (excl. Maori)
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
C Society > 94 Law, Politics and Community Services > 9405 Work and Institutional Development > 940599 Work and Institutional Development not elsewhere classified
C Society > 94 Law, Politics and Community Services > 9402 Government and Politics > 940299 Government and Politics not elsewhere classified
C Society > 94 Law, Politics and Community Services > 9402 Government and Politics > 940203 Political Systems
B Economic Development > 91 Economic Framework > 9105 Measurement Standards and Calibration Services > 910504 Service Industries Standards and Calibrations
C Society > 93 Education and Training > 9304 School/Institution > 930402 School/Institution Community and Environment
C Society > 93 Education and Training > 9304 School/Institution > 930403 School/Institution Policies and Development
C Society > 94 Law, Politics and Community Services > 9402 Government and Politics > 940204 Public Services Policy Advice and Analysis
C Society > 93 Education and Training > 9305 Education and Training Systems > 930501 Education and Training Systems Policies and Development
C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
C Society > 93 Education and Training > 9305 Education and Training Systems > 930502 Management of Education and Training Systems
B Economic Development > 91 Economic Framework > 9104 Management and Productivity > 910402 Management
C Society > 93 Education and Training > 9304 School/Institution > 930401 Management and Leadership of Schools/Institutions
B Economic Development > 91 Economic Framework > 9105 Measurement Standards and Calibration Services > 910599 Measurement Standards and Calibration Services not elsewhere classified
Identification Number or DOI: 10.1007/978-3-319-77751-1_8
URI: http://eprints.usq.edu.au/id/eprint/35417

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