Article 1313

Title of the article

THE PUBLIC AND LEGAL POLICY IN THE U.S.HIGHER EDUCATION AND STATE LEGISLATURES 

Authors

Nikolaev Boris Viktorovich, Candidate of historical sciences, associate professor, sub-department of legal disciplines, Penza State University (40 Krasnaya street, Penza, Russia), nikolboris@yandex.ru
Pavlova Nataliya Anatol'evna, Candidate of pedagogical sciences, head of sub-department of foreign languages, Penza State University (40 Krasnaya street, Penza, Russia), nataliia.pavlova@inbox.ru

Index UDK

340.143 (73)

Abstract

Background. The changes in the modern Russian system of higher education, the necessity to enhance the role of public authorities of the Russian constituentterritories in legal regulation of higher education determine the importance of studying foreign experience of the federal legislative bodies in the legal regulation of higher education. The purpose of the present paper is to examine the legal status of the U.S. state legislatures, the main tendencies of their legislative activities in higher education.
Materials and methods. The implementation of the research tasks was achieved through the use of official records of the National Conference of State Legislatures, the Education Commission of the States, as well as the study of Russian and American doctrinal sources on the issue. The methodological potential includes comparative legal method, the employment of which enables us to compare the parameters of legislatures in different states; the method of concrete legal analysis allowing us to investigate various aspects of the legal regulation institute of higher education in the United States at the state level; the statistical method, which is obviously important to analyze data related to such aspects of the constitutional status of legislatures as term, structure, deputies’ status.
Results. The basic elements of the legal status of the U.S. state legislatures such as membership, term, structure, internal chamber organization, deputies’ legal status, and legislature procedures have been studied. The main tendencies of legislative regulation of higher education at the state level have been considered. The basic models of legislative regulation of State Boards of Higher Education are pointed out.
Conclusions. The study of the legal framework for state legislatures and their law-making activity in higher education suggests significantly developed higher education legislation at the state level in the USA considering both the scope of law-making and the expansion of the area of regulated issues.

Key words

U.S. states, state legislatures, higher education

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References

1. Nikolaev B. V. Pravo i obrazovanie [Law and education]. 2010, no. 6, pp. 18–27.
2. Nikolaev B. V. Izvestiya Penzenskogo gosudarstvennogo pedagogicheskogo universiteta im. V. G. Belinskogo [Proceedings of Penza State Pedagogical University named after V. G. Belinsky]. 2011, no. 1, pp. 129–135.
3. Little Th. H., Ogle D. B. The Legislative Branch of State Government: People, Process, and Politics. Santa Barbara (California); Denver (Colorado); Oxford: ABC-CLIO, 2006, vol. XIX, 490 p.
4. Lafitskiy V. I. Konstitutsionnyy stroy SShA [Constitutional system of the USA]. Moscow: Kontrakt,2007,317p.
5. McGuiness A. C. State policy and postsecondary education. The Education Commission of the States. 2001. Available at: http://www.esc.org/clearinghouse/31/61/3161.html

 

Дата создания: 25.09.2014 08:52
Дата обновления: 26.09.2014 09:05