The right to education in administrative jurisprudence

Abstract

The paper focuses on case law relating to the right to education, with the aim of examining whether and how the administrative court has contributed to defining or unraveling its contents. The analysis highlights the innovative contribution given by the judge, which stems from a work of connecting the right to education with the other values and rights that dot the constitutional landscape. The administrative judge, on the one hand, balance the right to education with other constitutional values and, on the other hand, uses the values expressed in the Constitution as levers to enhance it. Thus, he brings out the connections of the right to education with other rights and other duties and clarifies the framework of public responsibilities, with the effect of developing the different dimensions of the right to education and of defining its spaces and boundaries.