Abstract:

As an essential component of educational jurisprudence, the systematic construction of the theory of Educational Constitutional Law Studies not only maintains the balance between individual citizens’ self-realization and national economic and social development from the educational perspective, but also constitutes an indispensable pivotal link in constructing the independent knowledge system of educational jurisprudence in China. The systematic construction of the theory of Educational Constitutional Law Studies shall follow the progressive logical paradigm of “citizen rights - state obligations - state powers”, and take the current constitutional text and educational legal norms as the basic analytical foundation. Specifically, the logical starting point of the theory of Educational Constitutional Law Studies lies in citizens’ fundamental educational rights, including citizens’ right to receive education, educators’ right to engage in educational activities, parents’ right of education, and citizens’ freedom of scientific research. These fundamental educational rights derive corresponding fundamental state obligations in education, covering the state’s obligations of respect, protection and provision. Furthermore, the performance of such fundamental state obligations in education necessitates the establishment of corresponding fundamental state powers in education, which is mainly manifested in the integration of centralization and local decentralization, as well as the division of functional powers among legislation, law enforcement and judicature.

Key words: educational constitutional law studies, fundamental educational rights, state educational obligations, state educational powers, constitutional educational provisions