Research On The Right Of Academic Freedom As Constitutional Right

The history of academic freedom as a constitutional right is not too long and not easy. Its constitutional forms vary from the constitutional text to the constitutional jurisprudence etc. the definition of academic freedom depends on the understanding of academic. A better understanding of the special significance of academic freedom can be achieved by comparing it with related constitutional rights.The meanings of academic freedom as a constitutional right are diverse. There are two questions on the holders of academic freedom. The first one, the holders of academic freedom is scholars or anybody? The second one, can universities and other academic research groups claim the right to academic freedom? The scope of academic freedom mainly includes:research freedom, freedom of teaching, learning and so on. There are some debates on both areas. In terms of compulsory subject, the main body of obligations for academic freedom in the constitution is country. Of course, the church, enterprises and other non-governmental forces are also bound by academic freedom.The main function of academic freedom exists in two aspects. As a subjective right, the academic freedom has the function not only to defense infringes from the state, but also to demand the state to provide some basic needs. As an objective norm, the academic freedom demands the government to provide relief for the scholars. And the state has the obligation to provide the appropriate organization and procedure for the implementation of academic freedom.University autonomy is a guarantee for the academic freedom to. An effective constitutional lawsuit system is the condition for the constitutional relief for academic freedom. The relief process reviews the constitutionality of infringes. Academic freedom is not absolute value in the constitution. When conflict to the others on the constitution, a balance need to be achieved between them.