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Academic Journal of Humanities & Social Sciences, 2022, 5(17); doi: 10.25236/AJHSS.2022.051716.

Analysis of the constitutionality of the implementation of unified textbooks in higher education

Author(s)

Zhong Jingyu

Corresponding Author:
Zhong Jingyu
Affiliation(s)

Northwest University of Political Science and Law, Xi'an, China

Abstract

This paper analyzes the constitutionality of the implementation of the unified textbook in higher education institutions with the help of Professor Zhang Xiang's classical trilogy analysis, namely, the framework of "scope of protection-restriction-justification of constitutionality of restriction" of fundamental rights. Firstly, we analyze the scope of the fundamental right of academic freedom and the subject matter of the right to unified textbooks. Second, we analyze whether the implementation of the unified textbook constitutes a restriction on the nature of the right to academic freedom. Finally, we analyze the constitutionality of the implementation of unified textbooks in higher education.

Keywords

right to academic freedom, restriction of fundamental rights, unified textbook, constitutional review

Cite This Paper

Zhong Jingyu. Analysis of the constitutionality of the implementation of unified textbooks in higher education. Academic Journal of Humanities & Social Sciences (2022) Vol. 5, Issue 17: 100-105. https://doi.org/10.25236/AJHSS.2022.051716.

References

[1] Zhang Xiang, "Organizational Guarantee of Academic Freedom - German Practice and Theory," in Global Law Review, Vol. 4, No. 4, 2012, p. 105

[2] Zhang Xiang. The framework of thinking about the restriction of fundamental rights. Jurist. 2008,(01) 

[3] Qin Qianhong: Discussing the provisions of China's Constitution on the restriction of citizens' fundamental rights, Journal of Henan Academy of Political and Legal Management Cadres, No. 2, 2005