ERIC Number: EJ1315525
Record Type: Journal
Publication Date: 2021-Nov
Pages: 18
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-0018-1560
EISSN: N/A
Academic Freedom as a Source of Rights' Violations: A European Perspective
Higher Education: The International Journal of Higher Education Research, v82 n5 p1031-1048 Nov 2021
The application of academic freedom may lead to a violation of individual rights, such as the right to respect private life or institutional rights such as university autonomy, or the right of the religious community to self-determination. These collisions between rights are resolved by constitutional courts either according to the proportionality test or by balancing the rights. This paper investigates cases from Czechia, Germany, Italy, Poland, and Spain, where academic freedom collided with other constitutional rights, in order to determine methods for resolving these types of conflicts. This analysis demonstrates the way in which proportionality allows the construction of the content of academic freedom. It also shows the reasons why academic freedom could become a weak right and why sometimes it is a strong right.
Descriptors: Foreign Countries, Academic Freedom, Civil Rights, Court Litigation, Constitutional Law, Conflict
Springer. Available from: Springer Nature. One New York Plaza, Suite 4600, New York, NY 10004. Tel: 800-777-4643; Tel: 212-460-1500; Fax: 212-460-1700; e-mail: customerservice@springernature.com; Web site: https://bibliotheek.ehb.be:2123/
Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Czech Republic; Germany; Italy; Poland; Spain
Grant or Contract Numbers: N/A