大學生憲法意識的建構——憲法通識教育課程的設計與教學

The Construction of University Student's Constitutional Consciousness -The Design and Teaching of Constitution in General Education Curriculum

以人性尊嚴、人權的保障、民主、法治等構成原理所架構的自由民主憲政秩序，其存立具有保障人權、維護民主體制，以及建構基本政治競爭秩序的功能。但若國民普遍欠缺憲法意識，此憲政秩序因欠缺穩固的民主政治文化基礎，而岌岌可危。本文認為大學所開設的憲法通識課程，在我國國民對攸關憲政與人權的公共議題多流於主觀、情緒訴求的今日，對建立大學生的憲法意識極為重要。正確的憲法通識課程的設計、教學理念與教學方法，不僅能提升其研習憲法課程的興趣，亦能涵養其對公共議題具有客觀理性的思辨能力，且能強化其保障自身人權與尊重他人權利的認知，而此對我國民主憲政的健全運作自屬不可欠缺。本文首先闡明自由民主憲政秩序的基本原則，蓋此乃建構憲法課程與論述憲政議題的基礎與主軸。其次敘明憲法的存在與國民的具備憲法意識何以對國家民主政治具有重要意義。接著說明憲法通識課程對培養大學生的憲法意識有何必要性。最後，作者基於多年憲法通識教育的教學經驗之反省，嘗試提出拙見認為較能引發學生學習憲法課程的興趣，並且能培養學生憲法意識，以及關心公共議題與反思、論述能力的課程設計與教學方法。

Constitutional Structure of Free Democracy, consisting of principles of human dignity and human rights protection, democracy, and rule of law, guarantees human rights, maintains democracy, and in additional, forms the basic orders of political competitions. If nationals are generally lack of constitutional consciousness, constitutional orders would be in high danger due to the shortage of a stable democratic political culture. This study assumes that in present day, when the nationals tend to be subjective and emotional appealing while facing public issues in regard to constitutionalism and human rights, it is especially important for constitutional general education curriculum held by universities to build the constitutional consciousness of an undergraduate. The right design of constitutional general education curriculum, educational ideas, and instructions not only elevate a student's interests in constitutional curriculum, but develop his opinion towards public issues with objectivity and reason, and last but the least, strength his consciousness of protecting his own rights and respecting others' as well. This is indispensable to the sound operation of our country's democracy and constitutionalism. This article starts off by clarifying the basic rules of Constitutional Structure of Free Democracy, for that they construct constitutional curriculum and are the foundation and principles of discussing constitutional issues. Secondly, it points out how the existence of constitution and the nationals' possessing constitutional consciousness pose importance on National Democracy. Then, it explains what essentials constitutional general education curriculum has on building up undergraduates' constitutional consciousness. Last but not least, tries to reveal the author's humble option, based on the introspection that comes from years of experience in teaching constitutional general education curriculum, towards curriculum design and teaching methods that can better develop a student's interest in constitutional curriculum, and raise his constitutional consciousness as well as attention to public issues and abilities to rethink and expound.