The Constitutional Protection Of Academic Freedom In Germany

Germany is the first country to academic freedom should be brought into the constitution of the world.Frankfurt successively passed the draft constitution,Prussia constitution,the weimar constitution to the basic law of Germany,now will include the academic freedom.Although the government in different periods will be limited to academic freedom,but the academic freedom in the constitutional text fully guaranteed.In this paper,the constitutional protection of academic freedom in German is divided into four parts to illustrate:The first part,mainly talking about academic freedom in Germany into the social background of xian.The first academic freedom should be brought into the constitution draft is the constitution of Frankfurt,Germany,but a right doesn’t just built into the constitution,inevitably has its profound ideological and theoretical foundation and social background.Since the 14th century,German university on teaching and university management have certain autonomy,as the 15th century Renaissance and religious reform movement in the early 16th century,has created the haller university and university of gottingen,these two university professor in the implementation of freedom of thought on educational philosophy,strive for the free space for the development of the university.18th century due to the influence of the franco-prussian war,the German government decided to reform the university,appointed Humboldt with humanistic ideas as head founded the university of Berlin,Berlin university can say is truly established academic freedom and university autonomy system.During this period the main educator and Lyle Mach,’etc.,by writing to the formation of academic freedom idea profound ideological basis.But in Humboldt shortly after leaving office,conservative metternich formulated the "card buss decree",restrictions and results of speech,of the university of the "professor gottingen seven events",the two events become a prelude to academic freedom in the constitution.Almost all of Germany’s students called for in the constitution safeguard academic freedom,academic freedom so into the constitution for the first time.The second part,mainly to write the development of academic freedom in Germany since the 13th,academic freedom,though written into the constitution,but the reality of the implementation is not ideal,especially before the German basic law enforcement,in the implementation of the constitution of Prussia,academic freedom is limited by law positivism explain,think constitutional safeguard academic freedom is to combat administrative organs of the wild,rather than the liberation from legislative power under the limit of freedom.This explanation has been extended to the constitution of the weimar period.Then Hitler came to power to make the weimar constitution is completely built on stilts,Hitler by decree,"leader" and out:large purges for students and teachers to persecution,serious damage to academic freedom.Germans summary of weimar constitution about the dangers of experience and Hitler,the academic freedom stipulated in the basic law in Germany.The third part,mainly discusses the components of the academic freedom.Mainly described the connotation of academic freedom,academic freedom of the subject,the content of the academic freedom and academic freedom.The connotation of academic freedom is difficult to determine,because the connotation of academic freedom is always change,the development of The Times the progress of the society,different scholars researchers more and more broad,and the research scope and field results of need to be protected is more and more,it also cause the body of the academic freedom is also difficult to accurately defined.German academic circles and the judicial practice of academic and research,the contents of the academic freedom,limitation of academic freedom and so on have their own different opinions.The fourth part,talk about the main content of the is the basis of German university autonomy and self-determination and autonomy scope,main reference is the provisions of the German higher education always act and Germany 1973 cases about "community college".Germany’s current the basic law has not stipulated the university autonomy,university autonomy,the basis of autonomy?Scholars have different opinions in Germany,but said that a college autonomy from the third paragraph of article 5 of the basic law of the rolling rules of academic freedom,is the system guarantee of the academic freedom.Although no provisions on university autonomy in the basic law,but the German states constitution explicitly university have autonomy,and at the same time the German higher education always act specified article 36 of the university of the body of the component members and participate in university governance,the federal constitutional court of "university" in 1973 cases admitted is the system guarantee of the academic freedom of university autonomy,the main body of university autonomy.