지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Judicialization of politics is a relatively recent trend in Koran constitutional reality, the center of which is the Constitutional Court. The author argues that one preliminary institutional requirement of this new practice is social diversity of the institution taking in charge of constitution-based review of legislative and administrative actions. Three principles are taken on board for this argument: (1) principle of democracy reflected in particular in Art. 1 of the Constitution, (2) principle of professionality represented in Art. 111 Sec. 2 as well as Art. 101 Sec. 1, and (3) principle of independence enshrined in the separation of power as a basic element of constitutionalism. Applying these principles to Korean constitutional arrangement and reality, the author specifies a reform plan which contains five main proposals. Firstly, term of constitutional justices is changed from 6 years term with possibility of reappointment to 9 years with no possibility of reappointment. And one third of constitutional justices are chosen in three years gap. Secondly, Justices are appointed by the President on the approval of the National Assembly. One third of justices should be appointed following the nomination of the Conference of the Supreme Court Justices. Thirdly, the membership of the Court should be open to those with diverse social and professional background, though two third of justices should be qualified as judges. Fourthly, the number of constitutional justice should be delegated to the legislature rather than specified in the Constitution. Fifthly, a kind of spare justice or Ersatzmitglieder system need to be introduced.
목차
등록된 정보가 없습니다.
참고문헌 (0)
참고문헌 신청이 논문의 저자 정보
최근 본 자료
댓글(0)
0