Shih Hsin University’s Lifelong Education Center signed a letter of commitment that it would not promote “one China, one Taiwan,” “two Chinas” or Taiwanese independence.
This letter, which amounts to supporting the “one China” policy, contradicts Article 11 of the Republic of China Constitution, which says: “[T]he people shall have freedom of speech, teaching, writing and publication.”
The letter is unconstitutional and has no binding power over lecturers or students.
According to the Council of Grand Justices’ Constitutional Interpretation No. 380: “The provision regarding the freedom of teaching provided in Article 11 of the Constitution is an institutional protection mechanism for academic freedom. Such provision shall encompass the freedom of research, instruction and study, etc, in the field of college education.”
The Constitution guarantees academic freedom, including the right of professors to teach and conduct research freely, as well as the right of students to study freely.
The letter of commitment signed by Shih Hsin University restricts the content of lecturers’ instruction and students’ study direction, which violates the guarantees expressed by the Council of Grand Justices, and therefore should be declared unconstitutional and null and void.
If Shih Hsin University professors have any academic conscience and strength of character, they would sue the university for violating their constitutional right to freedom of instruction if the school interferes because their instruction touches upon “one China, one Taiwan,” “two Chinas” or Taiwanese independence.
This is clearly stated in Constitutional Interpretation No. 736, which concerns the right of school teachers and university lecturers to judicial remedy.
Of course, if the school in violation of the Constitution interferes with students who express the opinion that there is not “one China,” the students could also sue the university for violating their constitutionally protected right of instruction and freedom of expression in accordance with Constitutional Interpretation No. 684, which states that: “When a university makes administrative decisions or other public authority measures for realizing educational purposes of seeking academic truth and cultivating talents... if the decisions or measures infringe the student’s right to education or other constitutional rights, even if the decisions or measures are not expulsions or similar decisions, based on the mandate that where there is a right, there is a remedy under Article 16 of the Constitution, the student whose right has been infringed shall be allowed to bring administrative appeal and litigation and there is no need to place special restrictions.”
Huang Di-ying is a lawyer.
Translated by Perry Svensson
After nine days of holidays for the Lunar New Year, government agencies and companies are to reopen for operations today, including the Legislative Yuan. Many civic groups are expected to submit their recall petitions this week, aimed at removing many Chinese Nationalist Party (KMT) lawmakers from their seats. Since December last year, the KMT and Taiwan People’s Party (TPP) passed three controversial bills to paralyze the Constitutional Court, alter budgetary allocations and make recalling elected officials more difficult by raising the threshold. The amendments aroused public concern and discontent, sparking calls to recall KMT legislators. After KMT and TPP legislators again
Taiwan faces complex challenges like other Asia-Pacific nations, including demographic decline, income inequality and climate change. In fact, its challenges might be even more pressing. The nation struggles with rising income inequality, declining birthrates and soaring housing costs while simultaneously navigating intensifying global competition among major powers. To remain competitive in the global talent market, Taiwan has been working to create a more welcoming environment and legal framework for foreign professionals. One of the most significant steps in this direction was the enactment of the Act for the Recruitment and Employment of Foreign Professionals (外國專業人才延攬及僱用法) in 2018. Subsequent amendments in
US President Donald Trump on Saturday signed orders to impose tariffs on Canada, Mexico and China effective from today. Trump decided to slap 25 percent tariffs on goods from Mexico and Canada as well as 10 percent on those coming from China, but would only impose a 10 percent tariff on Canadian energy products, including oil and electricity. Canada and Mexico on Sunday quickly responded with retaliatory tariffs against the US, while countermeasures from China are expected soon. Nevertheless, Trump announced yesterday to delay tariffs on Mexico and Canada for a month and said he would hold further talks with
Taiwan’s undersea cables connecting it to the world were allegedly severed several times by a Chinese ship registered under a flag of convenience. As the vessel sailed, it used several different automatic identification systems (AIS) to create fake routes. That type of “shadow fleet” and “gray zone” tactics could create a security crisis in Taiwan and warrants response measures. The concept of a shadow fleet originates from the research of Elisabeth Braw, senior fellow at the Washington-based Atlantic Council. The phenomenon was initiated by authoritarian countries such as Iran, North Korea and Russia, which have been hit by international economic
RSS