헌법의 개방성과 폐쇄성

• 영문명: A Study on the Characters of the Openness and Closure in the Constitution
• 발행기관: 한국헌법학회
• 저자명: 류시조(Ryu Si-Jo)
• 간행물 정보: 『헌법학연구』憲法學硏究 第9卷 第3號, 57~80쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.10.01

영문 초록

This paper aims to research the openness character (Offenheit) and the closure character (VerschluBbarkeit) in the Constitutional norm. Constitutional norm have special characters as political and incomplete norm, value and culture norm, etc. Especially most of all constitution as a political norm has an openness character (Offenheit). Therefore constitution can embrace new various political ideologies and can unify diverse political social group in the society. This character results from the inclusion as the fundamental norm of the constitution. And the openness character makes the expression of the constitutional norm laconism and abstractio. As a result, constitutional norm borrows uncertainty concepts and general-example expression. Also constitution takes open structure in sentence as an expression style of the norm. The open structure of the constitution sentence enable to express its meanings and contents of the norm very comptehensively and excludes as much as possible a definitive expression. But constitution isn`t always uncertainty and indiscriminate in meanings and contents of norm. Constitution as a value norm has an defifite limits in its meanings and contents as legal sentence. Therefore the gate of constitutional norm is shut against anti-constitutional ideologies. But this closure character(VerschluBbarkeit) can not encroach the openness character(Offenheit) of the Constitution. We can find the following facts; The openness character (Offenheit) is remarkable one of the several constitutional character and the openness character has its limits in the nature. We can call its limits is closure character. The closure character (VerschluBbarkeit) is the other side of the openness character. Namely the characters of the Openness and Closure is ins and outs relation. But we can not say the closure characters is it special character of the constitution.

목차

머리말

헌법의 개방성의 관념

헌법 개방규범성과 규범구조

헌법 해석론의 과제로서 개방성과 폐쇄성

맺음말

[Abstract]