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Constitutional Review of Higher Schools’ Regulations

Author: WangPingWei
Tutor: HuXiaoHua
School: Xiangtan University
Course: Constitutional and Administrative Law
Keywords: Colleges and universities University Regulations Students' constitutional rights Unconstitutional censorship
CLC: D921
Type: Master's thesis
Year: 2010
Downloads: 83
Quote: 1
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Abstract

Higher public authority as a social organization, with a strong autonomy, university students through the development of rules and regulations for the management, should maximize the protection of the legitimate rights of students, however, due to lax regulations on the rules and regulations of the constitutional system, the legitimate rights of college students often suffer violation of school rules. Therefore, the protection of the constitutional rights of students cope with university rules and regulations for judicial review. In this paper, determining the legal status of universities, colleges and universities analyze the legal nature of school rules, cognitive unconstitutional censorship of the basic theory, and thus a detailed analysis of constitutional review of university rules and regulations for the reason, on this basis, the proposed constitutional review Construction of school rules System of specific ideas. Research on Higher Schools for judicial review of the question, we should first clarify the status of university and school rules and nature, which is why colleges and universities accept the constitutional review school rules and how to accept a prerequisite for judicial review. Chinese universities, though not entirely an administrative status of the subject, but the law gives it a certain degree of executive power, and strong university as an autonomous public authority social organization can independently develop a series of administrative rules and regulations, so colleges and universities, both public and dual status of public private law legal entities. Since college dual status, resulting in the formulation of school rules with multiple legal nature of the rules and regulations of the university to develop abstract administrative acts are acts both an autonomous university school rules and regulations, and rules and regulations as China's expansion and extension of the legal system, but also a \normative documents. \University Regulations powers from laws, regulations and its internal members authorized by contract to develop, but its power can not exceed a certain limit, which can not go beyond the laws and regulations of the authority must comply with legality requirements and should be subject to rigorous oversight review. Universities in the formulation of school rules and regulations to manage the internal affairs of other aspects when paradoxically the opposite of its internal interests of the students. A good university rules and regulations, the ultimate aim is to better protect the legitimate rights of students and must be constitutional, but in recent years, China's colleges and universities to develop the rules and regulations in violation of fundamental principles of the Constitution, violating the fundamental rights of students phenomenon, and the existing judicial remedies do not allow for the fundamental rights of students to be well protected. In order to make effective protection of constitutional rights of students, promote college law school, university rules and regulations must be judicial review. Finally, the author's previous paper, based on the premise from the review, the review mode and review the principles of the three aspects of University Regulations unconstitutional censorship conducted a preliminary construction and imagination. Students examine the premise of the right to appeal, including the improvement and exhaustion of other remedies; review model review model for the specialized agencies, the establishment of the Constitutional Court for judicial review of college; review of principles, including the principle of effectiveness level law, the principle of due process, review exception principles, principles of social benefits .

Constitutional Review of Higher Schools’ Regulations

Abstract

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