1. Introduction
To keep the action of the executive within
the limits of the Rule of Law, it is necessary for all branches of the
legal profession-judges, teachers and practitioners-to playa significant
role in the community. This is particularly important in communities
where there is a rapid and profound process of change. For the legal
profession to be able to perform its social function satisfactorily it
is necessary that the teaching of law should lay special emphasis on
three points:
(1) reveal the processes through which law
can evolve, promoting orderly and significant changes in the social and
economic organization of society leading to improved standards of
living;
(2) stress the study of the principles,
institutions and proceedings that are related to the safeguarding and
promotion of the rights of individuals and groups;
(3) imbue students with the principles of
the Rule of Law, making them aware of its high significance, emphasizing
the need of meeting the increasing demands of social justice, and
helping develop in the student the personal qualities required to uphold
the noble ideals of the profession and secure the effective enforcement
of law in the community.
For the achievement of these ends, it is
considered indispensable that:
(1) in the countries which do not yet have
faculties of law or other institutions especially designed for the
training of jurists, their should be priority for the establishment
thereof;
(2) the faculties of law do not restrict
their activities only to the education of practitioners, judges and law
teachers, in numbers they deem sufficient to meet social requirements,
but that they also supply training in the principles and practice of law
to public officials, managers in private business, leaders of
professional or trade unions, journalists and publicists. Furthermore,
faculties of law should pursue, to the extent permitted by the stage of
development reached by each particular Community, a campaign for the
public dissemination of the basic principles related to the Rule of Law.
These activities must be carried out with a view to acquainting the
people with the principles of the Rule of Law in addition to similar
activities being pursued at other levels of education, both public and
private;
(3) it is not enough that faculties of law
and other institutions specially engaged in the teaching of law endeavor
to attain the highest levels of technical preparation of students. They
must also make a special effort to shape their characters, to develop
their sense of social responsibility and to strengthen their moral
discipline: these requirements will have to be all the more keenly met
in communities where there are no other organizations to serve those
ends.
2. Legal studies
It is accepted that law schools should
organize their courses so as to contribute as much as possible to the
recognition and implementation of the Rule of Law. The nature of these
arrangements will differ according to the speed of social changes within
a particular country and according to the extent of pre-legal education
available, but some general conclusions may be drawn.
There are two interdependent factors: the
content of courses and teaching methods. What follows is in no sense a
suggested complete curriculum for law students. Obviously important
subjects for the establishment of the Rule of Law are those which stress
the content of human freedoms and the protection of the individual from
arbitrary action: constitutional and administrative law, criminal law
and international legal studies. The importance of procedural safeguards
for human rights makes the study of procedural law indispensable.
Students must be
instructed both in general legal principles and in reasoning on specific
legal problems. All courses must be taught with emphasis on their
social, economic, political and historical background.
A reference should be made regularly to
other legal systems and comparisons drawn between them so as to allow a
more precise evaluation of the merits and defects of the students' own
legal system.
Law schools should be an active forum for
all matters of legal interest and not merely function for the training
of law students. They should therefore organize discussions of topics
relating to legal reform which concern the area served by them. They
should provide refresher courses in new developments of law.
3. Students of
law
Admission to faculties of law presupposes a
certain level of academic achievement and of preparation for legal
studies. This requirement is satisfied either by completing prescribed
pre-legal studies or by passing an entrance examination. It is
recognized that in developing societies some modification of these
requirements may be necessary in order to assure an early supply of
needed personnel.
There must be no discrimination on account
of race, nationality, religion, sex, political beliefs or social or
economic position, either with regard to a student's admission or during
his course of studies. All reasonable means (such as grants and loans)
must be used to ensure that no student is denied admission to a law
school or prevented from completing his legal training because the
student lacks financial resources; there must be no arbitrary demands of
a financial nature made on students at any time.
4. Teachers of
Law
Teachers of law must be appointed and
continue to hold their appointments without regard to consideration of
race, nationality, religion, sex, political beliefs or social or
economic position. All law faculties, whether state or private, should
appoint their own teachers, preferably in open competition, or take an
active part in the process of appointment. When making appointments, law
faculties should attach importance not only to technical or scholarly
competence, but also to the following qualities: moral integrity, civic
spirit and sense of social responsibility. Teachers of law should be
given adequate remuneration and enjoy security of tenure so that their
freedom of expression is not impaired.
In those countries where faculties of law
are controlled by the state there is a special need for protecting the
independence of the teaching staff by firm guarantees such as faculty
appointments by open competition, security of tenure and the recognition
of the traditional academic freedoms.
There is no objection to law teachers
participating in public activities, including the holding of public
office; it could sometimes be advantageous. But academic freedom must
not be compromised and these activities must not lead to the
introduction of improper influence into university life.
It is desirable that exchange of teachers on
a national as well as on an international level should take place
regularly.
Finally, law schools should provide
facilities for training teachers of law and should assist them in
improving their qualifications and experience.
5. Regulation of
the teaching of Law
Legal education should be controlled by
faculties of law themselves, free from any influence foreign to the
interest of scholarship and education. Members of the teaching staff
should have major share in such control.
The power of regulating the teaching of law
should be used in such a way that freedom of teaching and research be
firmly guaranteed. Furthermore, law schools should be responsive to the
needs of developing societies.
Faculties of law controlled by the state
should enjoy a wide measure of autonomy in administrative and academic
matters and should be entitled to apply their financial resources as
they think fit for purposes of legal education. It would be desirable if
their resources were obtained not from their pupils but from general
taxes paid by the community which would thus be made aware of its
contribution to the promotion of the Rule of Law. Those who support
private faculties of law serve equally the same generous purpose.
Faculties of law are advised to pay very
close attention to the pertinent recommendations of the specialized
agencies of the United Nations and associated regional agencies.