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|Other Titles: ||An Analysis on the Legality and Constitutionality of MOE's University Evaluation Rules|
|Issue Date: ||2016-05-20 11:16:18 (UTC+8)|
The provisions of ROC’s constitution protect the autonomy of univsersities by means of institutional guarantees, and grant the government the right to supervise universities according to the enacted law. Under the framework of the constitution, the University Act authorizes every university to formulate rules for regular self-evaluation, while investing the Ministry of Education with the power to institute regulations governing the evaluation of universities. However, the object of university evaluation shall be the whole university, and its contents shall be limited to the administrative affairs of a given university.
The University Evaluation Rules, promulgated by the Ministry of Education, however, exceed their power to enlarge the object of evaluation to the university’s departments and institutes, and extend the items of evaluation to the curriculum and teaching affairs, which pertain to the core contents of the autonomy of universities; hence they violate the University Act and the Constitution. But it will be constitutional if the Ministry of Education restricts its regular evaluations to university administrative affairs.
In addition, in the evaluation process, both the Ministry of Education and the Higher Education Evaluation & Accreditation Council of Taiwan acted against the due process of the law, and the evaluation reports they made infringe upon university autonomy by requesting the evaluated departments and institutes to adjust their curriculum and teaching programs. Accordingly, it goes without saying that the actions they took are unconstitutional.
|Relation: ||法學評論, 103, 1-61|
|Data Type: ||article|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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