{"title":"The Bidirectional Relationship Between Academic Freedom and Rule of Law: Hungary, Poland and Russia","authors":"Nandini Ramanujam, Vishakha Wijenayake","doi":"10.1007/s40803-021-00165-3","DOIUrl":null,"url":null,"abstract":"<p>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.</p>","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"41 6","pages":""},"PeriodicalIF":2.9000,"publicationDate":"2022-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Hague Journal on the Rule of Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1007/s40803-021-00165-3","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
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.
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.
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