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In School Law a reaction to findings in educational and social sciences on learning and influences from New Governance in Administration is palpable: new instruments like school programs, evaluations or educational contracts are introduced and legal structures concerning state supervision over schools and the decision-making within the schools are modified. Consequently, the hierarchical enforcement of conditional provisions is supplemented by models of self-regulation and regulatory law, creating an autonomous school. The author analyses these new forms of action for schools and school supervision in the context of general administrative law, shows difficulties and frictions stemming from the implementation of emancipatory, cooperative, participative and economic modes of governance within the boundaries of constitutional and administrative law and explains court actions, modified state supervision and enforceability of those newly created legal instruments.
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In School Law a reaction to findings in educational and social sciences on learning and influences from New Governance in Administration is palpable: new instruments like school programs, evaluations or educational contracts are introduced and legal structures concerning state supervision over schools and the decision-making within the schools are modified. Consequently, the hierarchical enforcement of conditional provisions is supplemented by models of self-regulation and regulatory law, creating an autonomous school. The author analyses these new forms of action for schools and school supervision in the context of general administrative law, shows difficulties and frictions stemming from the implementation of emancipatory, cooperative, participative and economic modes of governance within the boundaries of constitutional and administrative law and explains court actions, modified state supervision and enforceability of those newly created legal instruments.