CONSTITUTIONAL-LEGAL AND INSTITUTIONAL GUARANTEES OF ACADEMIC FREEDOM

Abstract

The article examines the relationship between constitutional and legal guarantees of academic freedom and the institutional conditions necessary for its effective implementation based on comparative legal analysis. The study is based on the experience of jurisdictions where an institutional model prevails (such as the USA and Germany). Although academic freedom, which is one of the fundamental principles of the modern higher education system, is relatively new to the legislation of Uzbekistan, it has been guaranteed at the constitutional or legal level in many foreign countries for many years. In some countries, despite the fact that academic freedom is not directly enshrined in the constitution, professors and members of the scientific community have a high degree of academic independence in practice due to the development of institutional mechanisms that ensure it. This situation shows that limiting academic freedom to constitutional norms alone is insufficient. The results of the analysis show that constitutional guarantees acquire a declarative character if they are not supplemented by the autonomy of universities, academic self-government bodies, and labor law institutions that protect the professional independence of professors and teachers. Academic freedom should be understood not only as a subjective right granted to higher education institutions, but also as an institutional principle that shapes their management structure. The study substantiates the need to revise the management model of higher education institutions alongside regulatory reforms to ensure real academic freedom in the context of Uzbekistan.