A Research on Constitutional Issue of Textbooks Determination

• Main Authors: Her Lin, 凌赫
• Other Authors: Yu- Dian Hsu
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/68139814155950668385

碩士 === 國立成功大學 === 法律學研究所 === 94 === There have been disputes about textbooks recently. From Wu-feng Incident to “Senior High School History Course Outlines”, there have been several disputes arising in our society. This essay argues that the main cause for these disputes is politic and economical involvement in educational sphere. The purpose for education is for individuals, not for the nation or country. This is a confusion as to the purposes of the present education system. And some purposes are even contradicting another. At the first sight, this essay doubts the feasibility of the selection and determination system of textbooks. The purposes and systems of education are not determined by a minority of people, but rather decided by the majority of people in a democratic society. And constitution is generally held to contain basic society values. In order to identify the textbook regime and its purposes in the constitution, we must begin with a construction of constitution. And we must also use the constitutional protection of education basic right and freedom of speech to verify the justification and appropriateness of the determination system of textbooks, and use theories of judicial review to undertake a legal analysis of that system.