The Constitution encompasses notions of freedom of education and equal educational opportunities, which help construct the educational structure and policies in a democratic country ruled by law. Because of the openness in society, individual differences become difficult to avoid or ignore, but needs to be recognized. Helping the disadvantaged to promote equal educational opportunities thus becomes a major concern in the education law and policies. However, the measures taken to help one particular disadvantaged group might not apply to another. Additionally, the measures should avoid pursuing the goal of assimilating the disadvantaged into the mainstream, which goes in an entirely opposite direction of promoting a multicultural society. This paper takes the stance that it is necessary to help the disadvantaged. Yet, it is also essential to incorporate the conception of tolerance in the Constitution in order to allow the disadvantaged greater possibility and space for self-enhancement. In other words, multicultural education should be built based upon the principle of equality to maintain pluralism and to moderate conflicts. It should also rely on the conception of tolerance for jurisprudential development and policy making. This paper discusses the appropriateness for the principle of equality and the conception of tolerance to serve as the basics of multicultural education in the law system. It also scrutinizes the law related to the indigenous groups in Taiwan.
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