전자민주주의와 민주주의

• 영문명: E-Democracy and the Democracy
• 발행기관: 세계헌법학회 한국학회
• 저자명: 장용근(Young Kyn Chang)
• 간행물 정보: 『세계헌법연구』세계헌법연구 제9호, 175~206쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

I was greatly shocked when I heard E-Democracy. Over 50 years ago, we, koreans, started democracy but our political condition is not up to our first ideal. That means dictatorship or quasi-democracy. in this reason, I decided to study E-Democracy to be a little help to korean democracy. IN korean constitutional law, Article Ⅰ, clause 1 has it that Korea is democratic republic, and Article Ⅰ, clause 2 has it that Sovereignty rests with the people. however the real situation is different. I think that it is our urgent need to replace formal Sovereignty with substantial Sovereignty. To realize substantial Sovereignty, We need E-Democracy which will, I believe, satisfy our real political demand. the reason why the principle of Sovereignty became formal, I think mainly, is that we have no effective way to take part in political decision. Namely although citizens want to participate in political decision, they can do so only in election and an opinion poll etc. Through these rare chance, citizens cannot become ideal citizens. So ultimately Democracy cannot be completed. Constitutional law has political aspect and legal aspect. In political aspect, the most important principle is the principle of Sovereignty. Existing theory on the principle of Sovereignty is inclined to stationary and formal theory Which focuses on the notion of Sovereignty. But the principle of Sovereignty is active and functional political theory, not stationary theory. So principle of Sovereignty becomes formal. My doctor's thesis aims at changing stationary and formal principle of Sovereignty into active, functional and substantial principle of Sovereignty. I make a study of the relation between Democracy and E-Democracy. I think Democracy means functional approach of principle of Sovereignty. I demonstrate that Democracy meaning self-governance is the best political system, not the second best political system because of historical evidence. Democracy is not result but process because the best thing in national decision is not fixed but found in the process of debate.

목차

Ⅰ. 序論

Ⅱ. 민주주의의 본질론에 대한 검토

Ⅲ. 전자민주주의의 발전과 그 영향

ABSTRACT