摘要
The right to academic freedom has been facing increasingly grave challenges in political, social and academic practices throughout the world since the middle of the twentieth century. On the one hand, this constitutional right is subject to
The right to academic freedom has been facing increasingly grave challenges in political, social and academic practices throughout the world since the middle of the twentieth century. On the one hand, this constitutional right is subject to extensive restrictions and prohibitions in practice; on the other, the constitutional principle of academic freedom has been shaken to its core by specific legal regulations and governmental policies governing academic activities. In fact, the right to academic freedom is in danger of falling back to a mere value proposition. The causes are, no doubt, manysided and multi-layered, but the most direct cause may be that the right to academic freedom as a legal concept is ambiguous. Due to the absence of a relatively clear concept of this right, violators of academic freedom do not even bother to rack their brains to explain away their violations. As for the victims, they tend to hesitate on whether to resort to law for a judicial remedy. Meanwhile, judges have nothing to follow on whether they should accept charges of infringement of the right to academic freedom and how they should pass judgment on such charges.
