TQM’s impact on the legal apparatus: informing and directing compliance practices

As we near the end of the second decade of the 21st century, the education sector is still talking about TQM (or quality management systems as is becoming known in reference to the ISO 9000 series of standards). TQM has been accepted as an ‘inferior’ source of legal norms in numerous countries, based on what Hart (1997) saw as ‘rule of recognition’. This does not mean that TQM is seen as of lesser value, but as dependent of and supporting or undergirding the ‘superior’ legal norms espoused in administrative procedure acts and enacted through regulatory schemes. Why has TQM made such inroads within the regulatory schemes of government and why should teachers and administrators within all levels of the education sector have to concern themselves with it? Much of this is due to educational systems at all levels (primary, secondary, higher) have developed new industries around it to meet public and government expectations. Becoming aware of TQM’s presence in the regulatory environment helps make sense of demands and expectations from the external environment as represented by government and other key stakeholders. TQM, rather than being treated as a fad, should be seen as a normative “source” of law as viewed by Kelsen (1952) or as a “paradigm” which filters the interpretation and acceptance of the norm (Dworkin 1986). TQM is often seen in terms of a leadership or management framework, but in actuality it is more frequently adopted for the sake of utility by politicians and regulators. The result: economic theory and managerialism have become more widespread in administrative rules while at the same time providing challenges to, among other things, earlier accepted standards of practice in administrative procedures and decision review concepts (McAuslan 1988)