n Education as Change - Delegation of authority by school principals - an Education Law perspective
|Article Title||Delegation of authority by school principals - an Education Law perspective|
|© Publisher:||UNISA Press|
|Journal||Education as Change|
|Author||Leonard Mbatha, Bennie Grobler and Coert Loock|
|Publication Date||Jun 2006|
|Pages||3 - 15|
|Keyword(s)||Delegation of authority, Education law and School principals|
ISI Social Science
In today's litigious society, every management action of the school principal is potentially loaded with legal implications. It is therefore important for the school principal to have a clear understanding of legal principles that equally apply to education management. Invariably, one would not expect a principal to consult a lawyer every time a professional decision needs to be taken. This research has examined the legal implications of delegation as one of the school principal's managerial tasks. It proceeds from the premise that the school principal possesses statutory delegated authority and common law discretionary powers of delegation. It is therefore crucial that in exercising such powers, due consideration should be given to certain legal principles, such as: the delegatus delegare non potest rule prescribing that "a delegate cannot delegate his authority" and the ultra-vires doctrine, restricting the exceeding of powers given. An empirical investigation was undertaken with reference to the legal framework within which school principals delegate authority. The research concludes that as part of education law the understanding of these and other legal principles is vital to all school principals as it enhances their management skills.
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