Governing incompetence? Teacher professionalism and judicial intervention in Taiwan's education system
Year: 2026
Type: article
Abstract: This study examines how Taiwan’s administrative courts adjudicate cases involving the dismissal of teachers for poor teaching performance, highlighting the tensions between educational professionalism, legal oversight, and public accountability. Drawing on court rulings from 2017 to 2024, it analyzes how judges interpret teacher incompetence and balance deference to school-based expertise with the protection of student rights and procedural fairness. While courts generally adopt the margin of appreciation to respect institutional autonomy, they also embed normative expectations regarding teacher conduct and educational ethics into their decisions. These findings reveal that judicial review not only safeguards due process but also reshapes the meaning of teacher professionalism within Taiwan’s education system. By situating teacher evaluation within broader questions of governance, justice, and development, this study contributes to global debates on how legal systems influence professional standards and institutional reform in education—particularly in societies facing demands for transparency, quality assurance, and the protection of children's rights.
Authors: Chuan Chung Hsieh, Meng Ting He, Soong Hee Han
Institutions: National Tsing Hua University, Seoul National University
Language: English
Topic: Legal Issues in Education
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,490
Funder: National Tsing Hua University
OpenAlex ID: W7130856133