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High Court dismisses a challenge against the marking scheme for the Leaving Certificate examination in Mandarin Chinese, which favors the use of simplified Chinese characters over traditional ones, on the grounds that there is no requirement for the marking scheme to be established by Ministerial Regulations under statute; and the applicant's claim of discrimination based on cultural and linguistic heritage was also rejected, as all candidates are assessed equally under the same syllabus and marking scheme, that the State Examinations Commission has discretion in the logistics of teaching and examining foreign languages, and that the decision to focus on simplified characters was rational and lawful.
Judicial review - Leaving Certificate - Mandarin Chinese - simplified Chinese characters - traditional Chinese characters - marking scheme - Education Act 1998 - discrimination - equality - cultural heritage - linguistic heritage - State Examinations Commission - curriculum - syllabus - expert evidence - proportionality - rationality - non-statutory administrative circulars - Ministerial Regulations - ab initio learners - European Convention on Human Rights - Article 40.1 of the Constitution of Ireland - Article 14 of the European Convention on Human Rights - Article 2 of the First Protocol - educational rights - language rights - comparators - margin of appreciation.
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