Abstract

Gazi Mahabubul Alam*, Kazi Enamul Hoque Latifah Ismail and Pradip K. Mishra

The Education sector is one of the fundamental industries as described by the recent concept of “state business,” which is also the most critical player in making other sectors of a state functional. The criteria of Education governance and legislations as well as their schemata have evolved out of historical social practices. The interpretation of social events is guided and constrained by the prevailing rationality which itself reflects the dominant constellation of power. Since its inception, the Education sector has been informally governed by the ethics. Before this, Education especially in developing world was provided on a very small scale through GuruShiso provision and was not a major concern of public policy. However, its recent expansion in the early 1950’s has made it a major cause for concern for developing world. The public policies currently available, particularly with regard to governance and regulatory control, are aimed at governing Education as a whole and Education itself lacks adequate rules and regulations. Now the question arises: is public policy, formal and informal governance, as well as regulatory approaches enough to control, monitor and to guide the Education sector while it experiences a numbers of challenges and dynamisms? Or is there a need for Education law? Law is considered as one of the fundamental tools for governance and regulatory control and once it is used; there will be little hope to control the sector with value and ethics. Therefore, the use of law is frequently unwelcome, since it is the method used when no other alternatives are available. With the phenomenal growth and challenges in Education, we need to revisit governance and regulatory control for the Education system. This article examines this issue, with a view at seeking the answer to the question: is there a need for Education laws or are ethics, value, policy and market-driven theory enough?