By Eric Barendt
Academic Freedom and the legislation: A Comparative Study offers a serious research of the legislation in terms of educational freedom in 3 significant jurisdictions: the U.S., the united kingdom, and Germany. The publication outlines some of the claims that could be made to educational freedom via person collage lecturers and through universities and different larger schooling associations, and it examines the excuses which were recommend for those claims. 3 chapters care for the criminal rules of educational freedom in all the 3 international locations. A separate bankruptcy is dedicated to the constraints on freedom of study, that may be imposed via the rules of scientific trials, by way of highbrow estate legislation, and by means of the phrases of contracts made among researchers and the corporations sponsoring scientific and different study. The publication additionally examines the influence of modern terrorism legislation at the educating and study freedom of lecturers, and it discusses their freedom to discuss basic political and social issues unrelated to their paintings. this can be the 1st comparative examine of an issue of basic significance to all lecturers and others operating in universities. It emphasizes the significance of educational freedom, whereas mentioning that, sometimes, exaggerated claims were made to its workout.
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Extra info for Academic Freedom and the Law: A Comparative Study
The third, less 23 W van Alstyne, ‘The Specific Theory of Academic Freedom and the General Issue of Civil Liberty’ in Pincoffs (ed), The Concept of Academic Freedom (above n 2) 75–76 points out that academics are less circumscribed than commercial employees are by the requirements of their employers but more constrained by professional ethical standards. 24 S 161(2). It should be noted that the first two freedoms extend to students as well as to staff, a principle that is not explicitly recognised in the comparable UK provision discussed below and in ch 4; further, under the NZ statute, institutions are required, in exercising their academic freedom, to act consistently with the need for the maintenance of ethical standards and to permit public scrutiny in that context, and to act consistently with the need for accountability and the proper use of the resources allocated to them: s 161(3).
Sir Peter Swinnerton-Dyer, a mathematician, was the last Chairman of the University Grants Committee from 1983, and the first Chief Executive of the Universities Funding Council, which replaced it in 1989. See below ch 4, s III(B). 3 HC Debates, vol 458, col 239WH (20 March 2007). For the UK Education Reform Act 1988, s 202, see below ch 2, s III(A) and ch 4, s III. 5 It must therefore be taken seriously both as an idea and as a matter of legal and constitutional right. 6 They may further claim that they have freedom to choose what they teach, irrespective of the requirements of their departments or directions issued by their deans or heads of department.
37 See below ch 4, s IV(B). 34 26 What Is Academic Freedom? 38 Insofar then as academic freedom confers some rights on individual academics, it follows that universities as well as the state and public agencies must respect them. This must be borne in mind when we consider now the second variety of claim: the freedom of universities to institutional autonomy. B. Institutional Autonomy A second, quite different claim to academic freedom may be made by universities and other academic institutions themselves: a right to institutional autonomy.