Title page for etd-0203105-111537


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URN etd-0203105-111537
Author Cheng-hua Hsiang
Author's Email Address No Public.
Statistics This thesis had been viewed 5332 times. Download 4120 times.
Department Interdisciplinary Studies
Year 2004
Semester 1
Degree Ph.D.
Type of Document
Language zh-TW.Big5 Chinese
Title The Study to “Right to Education” of the R.O.C. Constitution
Date of Defense 2005-01-20
Page Count 180
Keyword
  • Right to Education
  • Fundamental Rights
  • Constitutional Interpretation
  • Abstract This study intends to explore if “right to education” is guaranteed by the Constitution in our country and, furthermore, tries to construct a new theoretical framework for clarifying the function and scope of protection of “right of education”. This paper reviews various theories with regard to “right to education” and finds a great diversity on this issue. According to the author, such a variety occurred because two characteristics of clause of fundamental rights--statutorization and openness-- have rarely been emphasized in discussing “right to education”. Therefore, this paper tries to develop a new theory based upon the “scope of constitutional protection”. The “scope of constitutional protection” should accord with the scope of people’s life. This concept leads to a new theory regarding interpretation method—“system” and “systematic fallacy”. Based upon the new theoretical framework, this paper criticizes the Judicial Yuan Interpretation No. 563 as defective in interpretational logic and interpretation method.
    Advisory Committee
  • WEI-TA PAN - chair
  • Li-Ming Yao - co-chair
  • J. R. Shyu, - advisor
  • Files
  • etd-0203105-111537.pdf
  • indicate accessible in a year
    Date of Submission 2005-02-03

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