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  • Interpretation
  • No.450【Under Translation】
  • Date
  • 1998/03/27
  • Issue
    • The University Act and its Enforcement Rules require all universities and colleges to establish an Office of Military Training. Do such provisions infringe upon university self-government and shall they thus be deemed unconstitutional?
  • Holding
    •        Freedom of teaching as provided for in Article 11 of the Constitution includes “university self-government.” Any important matters related to the freedoms of instruction and study are subject items of university self-government. State supervision over universities shall be specifically authorized by statutes. Any such statutes shall be in conformity with the principle of university self-government. The above doctrines have been upheld by J.Y. Interpretation No. 380. Accordingly, universities shall enjoy the autonomous right to internal organization, to the appropriate extent, as long as it is within the scope related to the abovementioned teaching and research. A university may independently decide whether it is necessary to offer such courses as military training or nursing. If so decided, it may further establish offices for such courses and employ appropriate teaching personnel in accordance with the laws. However, Article 11, Paragraph 1, Subparagraph 6, of the University Act and Article 9, Paragraph 3, of its Enforcement Rules specifically prescribe that all universities shall establish the Office of Military Training with staff, in order to take charge of planning and teaching of both military training and nursing courses. Such compulsory provisions have infringed upon the meanings and purposes of university self-government as warranted by the Constitution, and shall become void within one year from the date of this Interpretation.
  • Reasoning
    •        In order to facilitate the integrity of university organization and help fulfill the purposes of college education, the laws may provide for the main structure of a university’s internal organization. However, the provision of freedom of teaching under Article 11 of the Constitution serves as a mechanism of institutional protection for academic freedom. University self-government also falls within the protective scope of this Article. Any important matters related to the freedom of teaching and freedom of study, content of instruction, and students’ freedom to choose among departments and to select courses are subject items of university self-government. The above doctrines have been upheld by J.Y. Interpretation No. 380. Accordingly, universities shall enjoy the autonomous right to internal organization, to the appropriate extent, as long as it is within the scope related to the abovementioned teaching and research. If a university considers it unnecessary to offer certain courses but is compelled by the laws to establish related offices for the planning and teaching of such courses, such requirements are not compatible with the meanings and purposes of academic freedom and university self-government as warranted by the Constitution. If a university itself considers it necessary to offer such courses as military training or nursing, it may further establish offices in relation to such courses and employ appropriate teaching personnel in accordance with the laws. However, Article 11, Paragraph 1, Subparagraph 6, of the University Act and Article 9, Paragraph 3, of its Enforcement Rules prescribe that all universities establish the Office of Military Training with staff, in order to take charge of planning and teaching of both military training and nursing courses. Such provisions fail to take into account the university’s right to self-government and therefore violate the said meanings and purposes of the Constitution. As this Interpretation involves adjustments in institutions and organization, it is necessary to provide for a transitional period. Therefore, the abovementioned provisions of the University Act and its Enforcement Rules shall become void within one year from the date of this Interpretation. The Offices of Academic Affairs, Student Affairs, and Business Affairs and the Libraries as provided for under Article 11, Paragraph 1, Subparagraphs 1 to 4 of the University Act are essential for supporting teaching and research at the universities. The Offices of the Secretariat, Personnel and Accounting under Subparagraphs 7 to 9 are subsidiary units to assist the university administration. Though the said provisions provide that these offices should be part of a university’s internal organization, such provisions are not inconsistent with the meanings and purposes of university self-government as warranted by the Constitution. Furthermore, while it is appropriate that universities should provide sports facilities and activities for the benefit of students’ physical well-being, it should be nevertheless noted here that whether to offer sports-related courses and to establish the Office of Physical Training still fall within the scope of university self-government.  
      
    • * Translated by Professor Jau-Yuan HWANG.
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