Constitutional Protection Of Academic Freedom In Japan

Academic freedom serves as the crucial guarantee for the development and innovation of academic studies in a nation.It is also the continual driving force to propel society and culture.Therefore,academic freedom deserves no obstruction for the sake of national destiny and public interests.Meanwhile,as the essential item and kernel content of the higher education and university development,academic freedom is getting more and more emphasis from both home and abroad.In Asia,Japan is the first one influenced by Germany and America to embrace the concept of academic freedom and university autonomy.Abundant history of struggling for academic freedom and university autonomy generates numerous judicial precedents,theories,and other research achievements.This paper aims at analyzing the constitutionalprotection of the Japanese academic freedom along the history,and trying to comprehensively investigating theprotection methods of academic freedom by virtue of the constitution in Japan.This paper has five parts.Part one is a brief introduction of the research significance,research status,research methodology and the innovation of this paper.Part two introduces the social background of the constitutionalized academic freedom in Japan,including the generation and development of academic freedom in Japanese constitution,and its social founding,ideological preparation,and theoretical framework.Part three lists the key components of the Japanese academic freedom.It focuses on the foundational concepts concerning about Japanese academic freedom,involving the definition of academy,the content,subjects and restrict of academic freedom.Part four is about the systematicalprotection,which analyzes theprotection of academic freedom by virtue of university autonomy,as well as the influence on the academic freedom from the corporation reform.University management operating system,personnel and fiscalprotection are included.Part five is the constitutional remedy of the Japanese academic freedom.The specific judicial precedents related to remedy from university autonomy,remedy of education freedom from lower-level educational authorities,and remedy from the students' leaning freedom constitute this part.