大學系所調整的憲法框架

The Constitutional Framework Adjusted by the University Faculties

近年來，面臨到生源不足的困境，無論是公、私立大專校院均興起一波校際合併、以及系所調整或整併的呼聲，藉由組織調整以回應少子女化的挑戰。本文之作主要即在指明大學校內院系調整或整併，其間所涉及的法制基礎、憲法基本權利以及教育主管機關的介入空間。由於此類措施仍屬對於學術自由具重要性的決定，特別是涉及大學內部個別成員與大學之間的基本權衝突，教育主管機關必須謹慎地調查、評價進而衡量相關的法益，始得決定是否行使監督權限。大學章程亦應明定系所調整提案及審議之組織與程序規定。

In the past few years, faced with difficulties caused by the low birth rate, public and private universities have been considering to merge with other universities in order to make faculty adjustments as well as combine with two or more faculties within the universities. It seems that these universities aim to use re-organization as a means to respond to the challenges posed by the low birth rate. This article focuses on the legal basis of the faculty adjustments or merges based on the constitutional rights involved, and the extent to which the education authorities may intervene in such adjustments. Since such measures are important decisions related to the academic freedom which in particular involves the conflicts of constitutional rights between individual members within the universities and the universities, education officials must carefully investigate, review, and evaluate relevant legal rights and interests before deciding whether or not to exercise their supervisory authority. It is suggested that the university charter should also specify the organizational and procedural requirements in terms of proposing and reviewing the faculty adjustments.