The Rule of Law and Academic Freedom Between Personal Liberty and Public Order

Savić, Vanja-Ivan (2023) The Rule of Law and Academic Freedom Between Personal Liberty and Public Order. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 4 (2). pp. 259-276. ISSN 2732-0707 (print); 2732-1460 (online)

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Abstract

n this study, the author discusses the fundamental questions of academic freedom in terms of personal and institutional liberty and the develop- ments that have led to the current position of academic freedom in the body of constitutional law. Academic honesty, integrity, and curiosity are at the core of this concept, which has to be protected by the state by all means possible and regulations. Simultaneously, the author outs academic freedom in the broader framework of the rule of law and explains that, as with every right, these liberties require certain responsibilities. This study also analyses situations in which academic freedom may conflict with other prevailing basic human rights, emphasising the necessity to have dialogues when academic freedom and public order collide. In such cases, balancing and proportionality are possible solutions to resolve the issue. However, this study is not a case law study and instead provides theoretical guidelines to those who seek to find ground orientation in the huge field of academic work.

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