我國師資培育革新的憲法基礎探究：教育基本權保障觀點   免費試閱

A Study on the Constitutional Rationale of Teacher Education Reforms in Taiwan: An Education Basic Rights Protection Perspective

我國推動教育改革已逾20年，惟其依據之法律的正當性基礎如何？殊值探究。職是，本文旨從教育基本權保障觀點，以憲法釋義學方法，探究我國師資培育革新之法的正當性基礎。本文之結論與建議：一、我國《師資培育法》所建構之師資培育體系似欠缺完整性，在職教師專業發展亟待法制化；二、國民教育基本權與師資培育法制二者間具有相當關聯性，師資培育革新可做為教育基本權之國家保護義務之一；三、標準本位師資培育可做為我國未來10年師資培育革新之組織與程序保障機制；四、憲法法治國原則可導出我國《憲法》第162條「全國公私立之教育文化機關，依法律受國家之監督」，以之做為師資培育革新之正當性基礎。

We have carried out educational reforms for more than twenty years in Taiwan, and have launched the 12-Year Basic Education since 2014. The experiences we have had indicate that teacher education reforms have always been the key issue to education reforms in Taiwan. This study aims to discuss the constitutional rationale of teacher education reforms by interpretative epistemology of the Constitution from an education basic rights perspective. Research findings are as follows: 1. The Teacher Education System built on Teacher Education Act does not seem to be sound enough; 2. The teacher education is related to education basic rights; 3. The Standards-based Teacher Education is viewed as the protection mechanism of organization and process for teacher education reforms in the coming decade; and 4. The Article 162 induced by the Constitutional Rule-by-law Rules is viewed as the constitutional rationale of teacher education reforms.