Constitutionalizing the Institutional Autonomy and Academic Freedom of the Universities

Constitutionalizing the Institutional Autonomy and Academic Freedom of the Universities

M. Jashim Ali Chowdhury*

Sakhawat Sajjat Sejan**

Bangladesh Journal of Law, Vol 19(1), June 2021, pp 33-58

A Pdf copy is available on request from:

https://www.researchgate.net/publication/354960440_Constitutionalizing_the_Institutional_Autonomy_and_Academic_Freedom_of_the_Universities_-_Bangladesh_Journal_of_Law_Vol_191_June_2021_pp_33-58

ABSTRACT

Autonomous universities and their academic freedom did not get expression recognition in the Constitution of Bangladesh. While the Constitution broadly recognizes the citizens’ freedom of thought, conscience, and speech and, also that of the Press, omission of the universities needs careful reconsideration. Decline of the universities’ institutional autonomy and impairment of their faculty members’ academic freedom have shaken the morale of the university teachers and students in Bangladesh. This paper therefore argues that a constitutional reading of the institutional autonomy and academic freedom of the universities is a call of the time and it is possible. Building on the U.S. Supreme Court’s interpretative recognition of the universities’ academic freedom and autonomy under the cloak of its Free Speech jurisprudence, this paper argues that Bangladesh Supreme Court’s fundamental rights and Basic Structure jurisprudences could offer similar protection to our demoralized academia. For the judiciary to do this, the legal academics in Bangladesh may need to perceive the universities as vital “fourth branch” constitutional institutions in the first place.

* M. Jashim Ali Chowdhury, PhD Candidate (Parliament Studies), King’s College London, UK, is a faculty Member at the Department of Law, University of Chittagong.

** Sakhawat Sajjat Sejan, L.L.B. and LL.M. (University of Chittagong), is a lecturer, Department of Law, Feni University.