I think this is AllisterH's point (and also that, in AD&D, the GM rather than the player got to choose what spells a wizard learned).
I do not disagree with that point, I just think that the bigger flaw is the item creation feats especially the charged items ones.
Out of spells themselves the big problem IMO was the save or die changes. In 2e and previous editions other than the sleep spell save or dies usually came around when people had a 50% or better chance at making there saves. In 3e the targets have a 50% or worse to make there saves. Further more Magic resistance in 2e and earlier hit much harder than it does in 3e.
I have to say 3e gave me something I was asking for the ability for higher level mages to have an easier time effecting lower level targets with magic resistance. They just did it poorly IMO so MR became a virtual non-issue. Take a feat or two and nowyou have to roll like a 5 at the worst in order to overcome a targets SR. I think I'd rather have my 14th level wizard have a hard time effecting a level 1 Drow fighter, than my 14th level wizard have a easy time penetrating a ancient dragons SR.
I think there was eventually an optional rule in 2e that gave me what I wanted for every level you had on a monsters level or HD you dropped there SR by 5%. Dragon still hard to get past there SR, 1st level mook its easy.
I think that this point runs Hussar and AllisterH's way - if the rules only work when the players don't take advantage of some of their options, that's a reason to think that the rules have a flaw in them.
And yes I think the charged item creation feats were flawed, I was agreeing that it is a rule flaw, just one that never happened in my games. I think it is a big obvious flaw, just because it works in some games does not make it less of a flaw.
Obvious exploits that you have to make agreements not to abuse or just get lucky and everyone avoids are flaws, whether or not they crop up in your game. Sure it is still playable and can be enjoyed, but it could be better. For fans of 3e I suspect they would of preferred fixes over the removal of the various flaws.