Authors :
Tumwebaze Isa; Nabukeera Madinah; Matovu Musa; Ssali Muhammadi Bisaso
Volume/Issue :
Volume 10 - 2025, Issue 9 - September
Google Scholar :
https://tinyurl.com/4z86ja2d
Scribd :
https://tinyurl.com/mwtza7rj
DOI :
https://doi.org/10.38124/ijisrt/25sep060
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Abstract :
Academic freedom is a fundamental component of quality higher education, enabling critical thinking, innovation,
and independent research. However, its realization is often constrained by legal ambiguities, political interference, and
institutional governance challenges. This study examines the legal aspects of academic freedom and their impact on the
quality of education in higher education institutions. Using a multidimensional framework and a mixed-methods approach,
the research examines how legal protections, institutional policies, and governance structures affect academic autonomy in
teaching, research, and institutional development. Findings reveal a disconnect between legal provisions and their
implementation, with vague laws, politicized university management, and limited accountability mechanisms undermining
academic freedom. Institutional policies often fail to align with national legal frameworks, creating gaps in protection and
leaving academics vulnerable to censorship and disciplinary action. The study concludes that reinforcing legal and
institutional safeguards is essential to ensuring academic freedom and, by extension, enhancing the quality and relevance of
higher education. Recommendations include harmonizing legal and institutional policies, establishing clear accountability
mechanisms, and promoting transparent governance structures. Strengthening the legal basis for academic freedom is key
to fostering intellectual growth, institutional integrity, and meaningful societal contributions.
Keywords :
Academic Freedom and Quality Education in Higher Education Institutions.
References :
- African Academic Freedom Network (AAFN). (2023). Promoting academic freedom across Africa. https://aafn.org/resources
- African Charter on Human and Peoples’ Rights, Art. 9, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982).
- Altbach, P. G. (2001). Academic freedom: International realities and challenges. Higher Education, 41(1–2), 205–219. https://doi.org/10.1023/A:1026781906935
- Attorney General v. Salvatori Abuki & Another, Constitutional Appeal No. 1 of 1998 (Supreme Court of Uganda).
- Attorney General v. Tinyefuza, Constitutional Petition No. 1 of 1996 (Supreme Court of Uganda).
- Barendt, E. (2010). Academic freedom and the law: A comparative study. Hart Publishing.
- Barya, J. J. (2011). The freedom to teach, research, and publish: The legal framework of academic freedom in Uganda. Makerere Law Journal, 7(2), 15–32.
- Curren, R. (Ed.). (2000). Philosophy of education: An anthology. Blackwell.
- Karran, T., & Mallinson, L. (2019). Academic freedom and world-class universities: A virtuous circle? Higher Education Policy, 32(3), 397–417. https://doi.org/10.1057/s41307-018-0090-y
- Kenya Commission for University Education. (2022). University governance reforms: Enhancing autonomy and quality. Government Printer.
- Kyamanywa v. Uganda, Constitutional Reference No. 10 of 2000 (Constitutional Court of Uganda).
- Makerere University Academic Staff Association v. Attorney General, HCCS No. 367 of 2010 (High Court of Uganda).
- Mamdani, M. (2007). Scholars in the marketplace: The dilemmas of neo-liberal reform at Makerere University, 1989–2005. CODESRIA.
- Minister of Education v. Syfrets Trust Ltd 2006 (4) SA 205 (C) (South Africa).
- Musisi, N. B., & Muwanga, N. K. (2020). University governance and academic freedom in Uganda: Between policy and practice. Uganda Journal of Education and Development, 6(1), 45–59.
- South African Department of Higher Education. (2023). Higher Education Act: Protecting academic freedom and institutional autonomy. Government Publications.
- Tanzania Human Rights Defenders Coalition v. Attorney General [2019] TZHC (Tanzania High Court).
- Tierney, W. G., & Lechuga, V. M. (2010). Academic freedom in the 21st century. The NEA Higher Education Journal, 26(1), 61–68.
- University of Nairobi Academic Staff Union v. Attorney General & 3 Others, Petition No. 33 of 2015 (High Court of Kenya).
- UNESCO. (1997). Recommendation concerning the status of higher-education teaching personnel. UNESCO.
Academic freedom is a fundamental component of quality higher education, enabling critical thinking, innovation,
and independent research. However, its realization is often constrained by legal ambiguities, political interference, and
institutional governance challenges. This study examines the legal aspects of academic freedom and their impact on the
quality of education in higher education institutions. Using a multidimensional framework and a mixed-methods approach,
the research examines how legal protections, institutional policies, and governance structures affect academic autonomy in
teaching, research, and institutional development. Findings reveal a disconnect between legal provisions and their
implementation, with vague laws, politicized university management, and limited accountability mechanisms undermining
academic freedom. Institutional policies often fail to align with national legal frameworks, creating gaps in protection and
leaving academics vulnerable to censorship and disciplinary action. The study concludes that reinforcing legal and
institutional safeguards is essential to ensuring academic freedom and, by extension, enhancing the quality and relevance of
higher education. Recommendations include harmonizing legal and institutional policies, establishing clear accountability
mechanisms, and promoting transparent governance structures. Strengthening the legal basis for academic freedom is key
to fostering intellectual growth, institutional integrity, and meaningful societal contributions.
Keywords :
Academic Freedom and Quality Education in Higher Education Institutions.