메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject
Humanities
General Humanities History Philosophy Religious Studies Linguistics and Literature Other Humanities
Social science
General Social Science Business Management Tourism Education Military Science Library and Information Science Law Sociology Journalism and Media Studies Psychological Science Political Science and Diplomacy Geography Public Administration Economics International Trade Anthropology Other Social Science
Natural science
General Natural Science Physics Biology Life Sciences Mathematics/Statistics Astronomy Earth Science Chemistry Other Natural Science
Engineering
General Engineering Architectural Engineering Mechanical Engineering Industrial Engineering Material/Energy Engineering Electrical and Electronic Engineering Marine and Ocean Engineering Chemical Engineering Computer Science Other Engineering
Medical science
General Medical Science Nursing Science Veterinary Pharmacy Traditional Korean Medicine Basic Medicine Clinical Medicine Other Medicine
Agriculture and Fishery
General Agriculture and Fishery Agriculture Fishery Science Food Science Forestry Animal Husbandry Marine Transportation Studies Other Agriculture and Fishery
Art and Kinesiology
General Arts Design Fine Arts Cosmetology Photography Music Fashion Kinesiology Performing Media Arts Other Arts and Kinesiology
Interdisciplinary Studies
Interdisciplinary Research Science and Technology Studies Brain and Cognitive Science Technology Policy Other Interdisciplinary Studies

KOR

The Study on the Openness of the Constitutional Rights Guaranteeing System - For the Constitutional Guarantee of Constitutionally Un-enumerated Rights -
Recommendations
Search

헌법상 기본권 보장체계의 개방성에 관한 小考 ― 헌법에 열거되지 아니한 권리의 헌법적 보장의 측면에서 ―

논문 기본 정보

Type
Academic journal
Author
Yukyong Choe (서울대학교) 김주영 (명지대학교)
Journal
세계헌법학회 한국학회 세계헌법연구 세계헌법연구 제21권 제3호 KCI Accredited Journals
Published
2015.1
Pages
131 - 158 (28page)

Usage

cover
The Study on the Openness of the Constitutional Rights Guaranteeing System - For the Constitutional Guarantee of Constitutionally Un-enumerated Rights -
Ask AI
Recommendations
Search

Abstract· Keywords

Report Errors
As the development of the information technology and high-tech including life sciences takes the lead of the modern society’s transformation, political and social changes which are represented by ‘democratization’ have been causing extension of rights in political, social, economical and cultural fields in the emerging countries since the mid-21st Century. Accordingly, it is required to expand the traditional ‘Bill of Rights’ or the ‘list of fundamental rights(Grundrechtskatalog)’ along with the expansion of the human rights discourse. And this trend is expected to accelerate more in the future. Obviously, one of the best ways to guarantee the new rights would be revising Constitution and enumerating such rights in Constitution. Considering the Constitution empowers constitutional responsibilities to seek “inviolable fundamental human rights”, however, the study argues that we should focus more on interpreting the Constitution Article 37 Section 1 in terms of the openness of the constitutional rights guaranteeing system before discussing the Constitutional revision. The study conclusively confirms that despite the Constitution Article 37 Section 1 has been provided since the 1948 Constitution, explicitly declaring the openness of the constitutional rights guaranteeing system, it lacks of articulating affirmative requirements for guaranteeing the new rights. Therefore, constitutional guarantee of the new rights seems insufficient to correspond to the social changes merely with the existing theories. In order to overcome the limitation, the study emphasizes the necessity of establishing a distinctive ‘right discourse’ itself.
#constitutionally un-enumerated liberties and rights #fundamental human rights #Grundrecht #constitutional guarantee #right discourse

Contents

No content found

References (38)

Add References
계희열 / 2007 / 헌법학(중) / 박영사 google schola 국회도서관입법조사국 / 1967 / 헌법제정회의록: 제헌국회 / 국회도서관 입법조사국 google schola 권영성 / 2010 / 헌법학원론 / 법문사 google schola 권혜령 / 2010 / 헌법에 열거되지 아니한 권리 / 한국학술정보(주) google schola 김도균 / 2008 / 권리의 문법 / 박영사 google schola

Recommendations

It is an article recommended by DBpia according to the article similarity. Check out the related articles!

Related Authors

Recently viewed articles

Power Generation Performance Analysis of color BIPV System using PVsyst
Ju Young Shin, Jong Rok Lim, Woo Gyun Shin 외 5명The Korean Solar Energy Society2021.05
 Comparison of End-product Potentialities of Korean and American Wheats
Hak-Gil Chang, In-Soo RyuKorean Society of Food Science and Technology1989.08
 Network analysis among the local governments in multi-region tourism development - Focused on Namhaean tourism-belt -
Ha Dong-WonThe Korean Regional Development Association2012.09

Comments(0)

0

Write first comments.