2007 Fiscal Year Final Research Report Summary
The Autonomy of National University in Japan
| Project/Area Number |
17530025
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Kumamoto University |
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Principal Investigator |
YAMAMOTO Etsuo Kumamoto University, Yamamoto Etsuo School fo Law, Professor (70230539)
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| Project Period (FY) |
2005 – 2007
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| Keywords | Autonomy of the University / Freedom of Academy / National University / University Act / Austria / Constitutional Court |
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| Research Abstract |
Austria university organization act of 1993 made the university autonomy as the constitutional rule, and at the same time, changed the autonomy concept of the university to a company model for the efficiency of the decisions. Afterwards in 2002, the university organization act of 1993 was revised to the university act.
With this new act, the university act decided that one of the supreme organizations which exercise many important powers consisted of the persons who are selected outside the university and the important decisions of the university itself were entrusted to the persons outside the university. In this regard, in 2004, the constitutional court rejected the plead by the members of the assembly that the university autonomy which means that the members of the university secure the decisive power of the university is infringed by the university act of 2002. So the constitutional court approved the constitutionality of it. This decision stated that the concept of the university autonomy is changed by the fact that the university organization act of 1993 introduced a company model of university and made the concept of the university autonomy the constitutional principle.
However, for this, the following points are problems. Primarily, though the university, the organization for study and research lacked in the efficiency in the past, the realm of fundamental researches of the university cannot be evaluated only with effectiveness. Second, there is a doubt about the legitimacy of the new university organisation which is made for the management of university and has the great power for the election of the university president because the members of it are selected by the people outside the university and the members of the university can't be selected to the members of it.
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