A study of the protection of the fundamental rights of college students from the perspective of university autonomy

Yue Dian Hsu, Hsu Hsuan Lin

研究成果: Review article

摘要

Based upon the paradigm of university autonomy, universities enjoy the power of self-governance. The paradigm serves as a systematic protection of academic freedom which empowers universities in accordance with the collective wills of its constituencies to promulgate regulations which have the binding effects upon all affiliates. University rules and Regulations are internal codeterminations promulgated with a view toward maintaining the campus order. Although it is true that university students shall observe the university rules and regulations, it is equally true that university students shall still enjoy the room under the protection of their fundamental rights. Therefore, in order to maintain the focus of this Article, the scope of this Article will be the university rules and regulations promulgated to govern their students. First of all, this Article will construct the content of university autonomy and will discuss its formation, functions, and types. Secondly, this Article will discuss the nature, the functions, and the objectives of the university rules and regulations which are closely related to college students. Of all those discussions, in order to evaluate the significance of the university rules and regulations and the fundamental freedom of college students, this Article will illustrate a concept of a hierarchical regulatory structure, the reservation of the university regulatory hierarchy, to better evaluate the significance between the university rules and regulations and the interests of college students. Finally, this Article will review the recent actually cases. In sum, the purpose of this Article is to attempt to establish a clear reviewing mechanism to determine the protections and infringements of the fundamental rights of college students. Pursuant to the reviewing hierarchical regulatory structure raised by this Article, universities can further clarify how to deal with the fundamental rights of college students while exercising their powers of university autonomy. Furthermore, this Article wishes that the reservation of the university regulatory hierarchy may prevent universities from exceeding their powers under university autonomy, may ascertain that universities observe the law, may protect the fundamental rights of college students, and may help to implement university autonomy and at the same time to prevent the dress of the principle of the special power relationship from being alive in university campuses.

原文English
頁(從 - 到)37-67
頁數31
期刊Cauriensia
21
發行號2
DOIs
出版狀態Published - 2013 一月 1

    指紋

All Science Journal Classification (ASJC) codes

  • Religious studies
  • Arts and Humanities (miscellaneous)
  • Philosophy
  • Social Sciences (miscellaneous)

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