Academic freedom as a defensive right

Monika Stachowiak-Kudła; Sina Westa; Catarina Santos Botelho; Ildikó Bartha

doi:10.1007/s40803-022-00188-4

Academic freedom as a defensive right

Monika Stachowiak-Kudła^*, Sina Westa, Catarina Santos Botelho, Ildikó Bartha

^*Corresponding author for this work

Research output: Contribution to journal › Article › peer-review

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Abstract

Ensuring the proper implementation of academic freedom can be difficult both for policymakers and university authorities. Hence, great emphasis should be given to the defensive function of academic freedom. In this paper, we analyse the legal regulations and the jurisprudence of the constitutional courts of Germany, Hungary, Poland, Portugal, and Spain. We identify who is the holder of academic freedom, how the defensive function of academic freedom works and what academic activities are being protected. The study shows that individual countries emphasise slightly different aspects of the defensive function of academic freedom but remain unanimous on the essence of this function. As academic freedom is not defined unequivocally in most constitutions and legal frameworks, constitutional courts play a significant role in shaping its defensive function.

Original language	English
Number of pages	30
Journal	Hague Journal on the Rule of Law
DOIs	https://doi.org/10.1007/s40803-022-00188-4
Publication status	Accepted/In press - 9 Jan 2023

Keywords

Academic freedom
Negative and positive freedom
Defensive rights
Freedom of scientific research
Freedom to teach
Fundamental rights

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10.1007/s40803-022-00188-4Licence: CC BY

60209721Final published version, 955 KBLicence: CC BY

http://hdl.handle.net/10400.14/39783Licence: CC BY

Cite this

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abstract = "Ensuring the proper implementation of academic freedom can be difficult both for policymakers and university authorities. Hence, great emphasis should be given to the defensive function of academic freedom. In this paper, we analyse the legal regulations and the jurisprudence of the constitutional courts of Germany, Hungary, Poland, Portugal, and Spain. We identify who is the holder of academic freedom, how the defensive function of academic freedom works and what academic activities are being protected. The study shows that individual countries emphasise slightly different aspects of the defensive function of academic freedom but remain unanimous on the essence of this function. As academic freedom is not defined unequivocally in most constitutions and legal frameworks, constitutional courts play a significant role in shaping its defensive function.",

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Academic freedom as a defensive right

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CEID-CRCFL: Católica Research Centre for the Future of Law

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Academic freedom as a defensive right

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CEID-CRCFL: Católica Research Centre for the Future of Law

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