The Bidirectional Relationship Between Academic Freedom and Rule of Law: Hungary, Poland and Russia

IF 2.9 2区社会学 Q1 LAW

Hague Journal on the Rule of Law Pub Date : 2022-01-09 DOI:10.1007/s40803-021-00165-3

Nandini Ramanujam, Vishakha Wijenayake

引用次数: 3

Abstract

This paper analyses the mutually reinforcing relationship between upholding the Rule of Law and protecting university autonomy. Academic freedom as recognised in international human rights law can be deconstructed into two inter-connected dimensions: an individual right and institutional autonomy. The paper argues that the relationship between institutional autonomy of universities and the Rule of Law is a mutually reinforcing one, as demonstrated by the situation in Hungary, Poland and Russia. This relationship manifests in two distinct ways. Firstly, the core principles of the Rule of Law are necessary to ensure that university autonomy is not threatened by arbitrary and untrammeled exercise of State power. Secondly, this autonomy, in turn supports and strengthens the Rule of Law. Therefore, to fully appreciate the state of academic freedom in Hungary, Poland and Russia, we need to consider this bidirectional link between institutional autonomy of universities and the Rule of Law.

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学术自由与法治的双向关系:匈牙利、波兰和俄罗斯

本文分析了维护法治与维护大学自治的相辅相成的关系。国际人权法所承认的学术自由可以解构为两个相互联系的维度:个人权利和机构自治。匈牙利、波兰和俄罗斯的情况表明，大学机构自治与法治是相辅相成的关系。这种关系以两种不同的方式表现出来。首先，法治的核心原则是必要的，以确保大学自治不受任意和不受约束的国家权力行使的威胁。其次，这种自治反过来又支持和加强了法治。因此，要充分了解匈牙利、波兰和俄罗斯的学术自由状况，我们需要考虑大学机构自治与法治之间的这种双向联系。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Hague Journal on the Rule of Law LAW-

CiteScore

4.10

自引率

18.20%

发文量

期刊介绍： The Hague Journal on the Rule of Law (HJRL) is a multidisciplinary journal that aims to deepen and broaden our knowledge and understanding about the rule of law. Its main areas of interest are: current developments in rule of law in domestic, transnational and international contextstheoretical issues related to the conceptualization and implementation of the rule of law in domestic and international contexts;the relation between the rule of law and economic development, democratization and human rights protection;historical analysis of rule of law;significant trends and initiatives in rule of law promotion (practitioner notes).The HJRL is supported by HiiL Innovating Justice, The Hague, the Netherlands and the Paul Scholten Center for Jurisprudence at the Law School of the University of Amsterdam, the Netherlands.Editorial PolicyThe HJRL welcomes contributions from academics and practitioners with expertise in any relevant field, including law, anthropology, economics, history, philosophy, political science and sociology. It publishes two categories of articles: papers (appr. 6,000-10,000 words) and notes (appr. 2500 words). Papers are accepted on the basis of double blind peer-review. Notes are accepted on the basis of review by two or more editors of the journal. Manuscripts submitted to the HJRL must not be under consideration for publication elsewhere. Acceptance of the Editorial Board’s offer to publish, implies that the author agrees to an embargo on publication elsewhere for a period of two years following the date of publication in the HJRL.