경제체제와 정부형태와의 관계

• 영문명: The Relationship between Economic System and Regime Type
• 발행기관: 한국헌법학회
• 저자명: 강승식(Kang Seung-Sik)
• 간행물 정보: 『헌법학연구』憲法學硏究 第13卷 第1號, 187~216쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.03.29

영문 초록

  The economic system gives a new perspective for understanding the regime types in the world. A state-oriented economic system should be more anxious about the dangers of deadlock and thus more avert to divide government power as exactly as would a market-oriented economic system. The state-oriented economic system should be more interested in making up a mechanism to break deadlock. In a economic system that more rely on the market and less on the state, the possibility that the state will not be able to legislate is not a matter of grave concern. In the end, in a more market-oriented economic system, a far reaching state regulation of the market will be injurious to general welfare. Therefore, the risk that separating governmental power may hinder the state from legislating is not thought too dangerous. But, in a more state-oriented economic system, the state is anticipated to take active action to secure general public welfare. So, the risk of deadlock appears much larger. Strictly dividing governmental power could trigger the state to fail to carry out essential duties to advance citizens" welfare. I think that a state-oriented economic system, such as France, Germany and England is likely to concentrate lawmaking power to sidestep deadlock. By the same reason, I believe that a market-oriented economic system, such as U.S. is not likely to concentrate lawmaking power to evade deadlock. From this point of view, it is appro priate to correspond between economic system and regime type in the Korean constitution by constitutional amendment.

목차

Ⅰ. 서론
Ⅱ. 경제체제와 정부형태 : 일반론
Ⅲ. 정부형태에 관한 비교헌법적 분석
Ⅳ. 결론 및 우리 헌법에 주는 시사점
참고문헌
〔Abstract〕

키워드

경제체제 정부형태 대통령제 의원내각제 반대통령제 Economic System Regime Type Presidential System Parliamentary System Semi-Presidential System