通识教育之比较宪法案例研究-通识教育中心-开南大学.docVIP

通識研究集刊 第 十五 期 2009年 06頁 ～ 開 南 大 學 通識教育中心通識教育之比較憲法案例研究以人性尊嚴為中心 李 麒＊、侯沂淳＊＊ 摘要 2 通識研究期刊 第十期 A Comparative Case Study Approach to Constitution Study in the General Education System─a Human Dignity–centered methodology Lee Chi＊＊＊、Hou Yi Chun ＊＊＊＊ Abstract In Taiwan’s General Education system, freshman college students are offered an elective course in Constitution study, the main purpose of which is to educate citizens to appreciate, understand and abide by the spirit of the law. The use of case studies in a comparative approach to Constitution studies breaks through typical text-based learning. Students are introduced to a different central topic every week. Guided discussion of case studies raises college student interest in Constitution study, and broadens and deepens the course perspective. The discussion and interrogation of case studies in Constitution study represents a new education methodology. This paper approaches case studies from a ‘Human Dignity’ perspective. It examines and comparatively analyzes decisions reached by the Supreme Courts of the United States, Japan, Korea and Germany on issues such as the death penalty and life imprisonment. It encourages comparison and reflection on current debates on the legal system in Taiwan and concludes with an understanding of the central role of ‘Nativism’ in any research comparing different Constitutions. In contemplating the importation and institution of any foreign legal system, due consideration must be given to its appropriateness in terms of historical, cultural and traditional background. Failure to do so may result in attempts to transplant a legal system that lacks context and does not suit the specific needs of the country. Key Words: General Education、Comparative Constitution、Death Penalty、 Life imprisonmemt、Supreme Court、 Nativism