Jonah Patel
In the European and Northern American constitutional panorama, several levels of protection are given to freedom of science. At a first basic level, this freedom receives the same protection given to all other fundamental rights included in the genus of freedom of thought and expression. For example, article 5 of the German Constitution states that Art and science, research and teaching are free, while article 33 of the Italian Constitution establishes that The arts and sciences as well as their teaching are free. In the US, the First Amendment implies giving constitutional protection only to activities consisting in merely observing natural phenomena and diffusing the collected information, while not interacting with them.
| Characteristics | Values |
|---|---|
| Freedom of scientific research | Protection under the general provision on freedom of expression (First Amendment in the US Constitution) |
| Article 5 of the German Constitution | |
| Article 33 of the Italian Constitution | |
| Article 59 of the Slovenian Constitution | |
| European and Northern American constitutional panoramas |
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What You'll Learn
The US Constitution's First Amendment
The First Amendment's protection for freedom of scientific research is similar to provisions in other countries' constitutions. For example, Article 5 of the German Constitution states that "Art and science, research and teaching are free", while Article 33 of the Italian Constitution establishes that "The arts and sciences as well as their teaching are free". The Slovenian Constitution also guarantees freedom of scientific research and artistic endeavour in Article 59.
These constitutional protections for freedom of scientific research are important for promoting and supporting scientific inquiry. They ensure that researchers have the freedom to observe, investigate, and disseminate their findings without interference. However, it is important to note that these protections do not extend to activities that involve the manipulation or intervention of the research object.
The interpretation of constitutional protections for freedom of scientific research can be complex and may raise questions about the scope and legal definition of these freedoms. For example, the German Constitution's guarantee of freedom of scientific research has been interpreted as having an ethical dimension, excluding improper scientific practices such as forgery, manipulation, and plagiarism from constitutional protection.
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The German Constitution's Article 5
Article 5 of the German Constitution states that "Art and science, research and teaching are free". This is similar to the Italian Constitution, which states that "The arts and sciences as well as their teaching are free", and the Slovenian Constitution, which states that "Freedom of scientific research and artistic endeavour shall be guaranteed".
These constitutional provisions offer a basic level of protection for freedom of scientific research, placing it under the umbrella of freedom of thought and expression. However, the German Constitution's guarantee of freedom of scientific research raises questions about its legal definition, scope, and potential conflicts with other constitutional rights. For example, the right to privacy, environmental protection, and the life and health of others may restrict the scope of constitutional protection for scientific research.
Furthermore, the constitutional concept of science may need an ethical dimension to have normative legal consequences. This means that internal restrictions, such as forgery, manipulation, plagiarism, and other forms of improper scientific practice, would not be protected.
Overall, the German Constitution's Article 5 provides a foundation for the freedom of scientific research, but the specifics of this freedom are shaped by other constitutional rights and ethical considerations.
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The Italian Constitution's Article 33
In the European and Northern American constitutional panorama, several levels of protection are given to freedom of science. At a first basic level, this freedom receives the same protection given to all other fundamental rights included in the genus of freedom of thought and expression.
Article 33 of the Italian Constitution establishes that "The arts and sciences as well as their teaching are free". This means that the Italian Constitution protects the freedom of scientific research and artistic endeavour.
However, it is important to note that some constitutions limit their protection to the provision of freedom of scientific research, while other fundamental laws engage governments in promoting and supporting it. For example, according to some interpretations, protecting freedom of scientific research under the general provision on freedom of expression (in the US Constitution, the First Amendment) implies giving constitutional protection only to activities consisting of merely observing natural phenomena and diffusing the collected information. Consequently, every research activity implying a manipulation of its object would not be protected by the First Amendment because of its nature of active intervention and manipulation.
Similarly, the German Constitution guarantees freedom of scientific research, but this raises questions about its legal definition and scope, as well as possible conflicts with other constitutional rights. For instance, restrictions to constitutional protection can be derived from other constitutional rights, such as the right to privacy, environmental protection, and the life and health of others.
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The Slovenian Constitution's Article 59
Article 59 of the Slovenian Constitution states that "Freedom of scientific research and artistic endeavour shall be guaranteed". This is similar to the German Constitution, which states that "Art and science, research and teaching are free", and the Italian Constitution, which establishes that "The arts and sciences as well as their teaching are free".
In the European and Northern American constitutional panorama, several levels of protection are given to freedom of science. At a first basic level, this freedom receives the same protection given to all other fundamental rights included in the genus of freedom of thought and expression. At a second level, there could be a specific and expressed constitutional recognition for such a fundamental freedom. Finally, at a possible third level, the State is engaged in promoting scientific research.
According to some interpretations, protecting freedom of scientific research under the general provision on freedom of expression (in the US Constitution, the First Amendment) implies giving constitutional protection only to activities consisting of merely observing natural phenomena and diffusing the collected information, while not interacting with them. Consequently, every research activity implying a manipulation of its object (and genetic research is at the forefront) would not be protected by the First Amendment because of its nature of active intervention and manipulation (of living organisms).
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The European and Northern American constitutional panorama
In the European and Northern American constitutional panorama, several levels of protection are given to freedom of science. At a first basic level, this freedom receives the same protection given to all other fundamental rights included in the genus of freedom of thought and expression. For example, the German Constitution states that "Art and science, research and teaching are free", while the Italian Constitution establishes that "The arts and sciences as well as their teaching are free".
At a second level, there is a specific and expressed constitutional recognition of this fundamental freedom. This is seen in the Slovenian Constitution, which states that "Freedom of scientific research and artistic endeavour shall be guaranteed".
At a possible third level, the State is engaged in promoting scientific research. This can be seen in the US Constitution, where the First Amendment provides protection for activities consisting of observing natural phenomena and diffusing the collected information. However, it is important to note that research involving the manipulation of its object, such as genetic research, may not be protected by the First Amendment due to its nature of active intervention.
The different ways in which constitutions regard scientific research affect their approach to crucial issues related to freedom of research. For instance, the German Constitution's guarantee of freedom of scientific research raises questions about its legal definition, scope, and potential conflicts with other constitutional rights. To address these concerns, the constitutional concept of science must have an ethical dimension, prioritising the value of unbiased research and truth. This ethically-loaded definition gives rise to internal restrictions, excluding forgery, manipulation, and other improper scientific practices from constitutional protection.
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Frequently asked questions
In the US, freedom of scientific research is protected under the First Amendment, which guarantees freedom of expression. In Europe, several levels of protection are given to freedom of science, with some constitutions guaranteeing freedom of research and others engaging governments in promoting it.
The First Amendment protects activities that consist of observing natural phenomena and diffusing the collected information. However, it does not protect research that involves manipulating its object, such as genetic research.
Yes, restrictions can be derived from other constitutional rights, such as the right to privacy, environmental protection, and the life and health of others. For example, the German Constitution's guarantee of freedom of scientific research does not extend to forgery, manipulation, plagiarism, and other forms of improper scientific practice.
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