受教育权的客观价值秩序功能探析

在传统宪法权利二分法理论下,公民受教育权利的实现依赖立法裁量。公民受教育权被视为＂方针＂与＂宣誓＂而抽象与不确定,其实现面临严重障碍。借鉴德国宪法权利二重性理论,重视受教育权的客观价值秩序功能,是公权机关正确履行职责,实现公民受教育权的可行之路。

On order function of right-to-education objective value

Under the influence of the the traditional dichotomy theory of the constitutional fights, the realization of the civic right to education relies on the legislative discretion. The civic fight to education has been regarded as a ＂policy＂ and ＂oath＂ which is abstract and uncertain, facing serious obstacles to carry out. Drawing on the constitutional fights duality theory of Germany, emphasis on the order function of fight-to-education objective value is the fight way to public authorities performing duties and to the realization of civic right to education.