美國 聯邦大法院의 權限과 그 限界 ―司法審査權을 中心으로―

• 영문명: The Power of U.S. Supreme Court and It's Limitation With Special Reference to the power of Judicial Review
• 발행기관: 한국헌법학회
• 저자명: 강승식(Kang Seung Sik)
• 간행물 정보: 『헌법학연구』憲法學硏究 第10卷 第4號, 533~588쪽, 전체 56쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.12.01

영문 초록

Judicial review is one of the distinctive features of United States constitutional law. It is no small wonder, then, to find that the power of the federal courts to test federal and state legislative enactments and other actions by the standards of what the Constitution grants and withholds is nowhere expressly conveyed. But it is noteworthy that its legitimacy has been accepted generally on the grounds of separation of powers and federalism, while there still has been detractors about its doctrinal basis and its application. But in the United States constitutional system in which there is a written constitution, the practice of judicial review inherently has limitation and this limitation is given Justiciability Doctrine under the Article Ⅲ. The term Justiciablity Doctrine refers to a body of judicially created doctrines that define and limit the circumstances under which an Aricle Ⅲ federal court may exercise its constitutional authority, including its authority to engage in judicial review. These doctrines are derived in part from an interpretation of Article Ⅲ's case or controversy requirement, and in part from prudential policy considerations involving perceptions of proper role of the federal judiciary within the constitutional structure of government. They are applied and developed through the lens of four specific doctrines ―the doctrines of standing, ripeness, mootness, and political questions― each of which is designed, at least in part, to ensure that Article Ⅲ courts do not become embroiled in matters of a nonjusticiable nature that would take a federal court beyond the sphere of activity commonly associated with judging.

목차

Ⅰ. 聯邦司法府 權限 一般論

Ⅱ. 司法審査의 理論的 根據

Ⅲ. 司法審査의 限界

Ⅳ. 聯邦大法院 地位의 變化

Ⅴ. 司法積極主義와 司法消極主義

Ⅵ. 結論

참고문헌

Abstract