This article aims at studying the current Administrative Due Process on the deliberation of the Curriculum Guidelines of 12-year Basic Education. In the meanwhile, the requirements of the legitimate administrative process and the disputes over the legal nature of the curriculum guidelines are clarified for establishing a cornerstone of achieving the goal of Constitutional protection for the fundamental education right.

 

Taking literature review as a pathway to analyze the archives of records, execution of administration, and the underlying ideology, the realization of the essences implemented in the Curriculum Guidelines of 12-year Basic Education is therefore comprehensively examined by constructing its Administrative Due Process.

 

Overall, this study contends that the curriculum guidelines should be considered as an instance of Relative Legal-Reserved Affairs to the least extent, and its legal nature ought to belong to Legal Order. In addition, this article confirms a constitutional basis for the Administrative Due Process, and we can deploy the extension of its legal connotation accordingly. In conclusion, the deliberation of the Curriculum Guidelines of 12-year Basic Education in operation violates the duty to act fairly, the right to be informed, the right to be heard, and the duty to give reasons.

 

It is witnessed that the deliberation of the Curriculum Guidelines of 12-year Basic Education is proceeding in full swing; however, it still lacks of thoughtful discussion in the field of law about the legitimate requirements for the deliberation of Administrative Due Process. As an initial attempt, this article puts forward useful advises to the deliberation of the curriculum guidelines from the perspectives of process of deliberation, Constitutional education right, and completeness of law.