국민주권론의 비판적 재구성 - 대표제와 직접민주주의의 관계를 중심으로

• 영문명: Critical Recontruction of Sovereignty theory
• 발행기관: 세계헌법학회 한국학회
• 저자명: 장용근(Chang Young Keun)
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第13卷 第1號, 111~142쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.01

영문 초록

  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.
  my study is related to changing stationary and formal principle of Sovereignty into active, functional and substantial principle of Sovereignty. Existing thearies treat principle of Sovereignty, and representative system and direct Democracy separately, but principle of Sovereignty is closely connected with representative system and direct Democracy because if principle of Sovereignty is formal or active, functional and substantial, can be defined by how much representative system and direct Democracy are divided. My assertion is that semi-directory system is the best political system because representative system and direct Democracy are not perfect itself.

목차

Ⅰ. 서론
Ⅱ. 기존의 국민주권이론에 대한 비판적 검토
Ⅲ. 결론-반직접제의 도입의 문제-국민주권의 최종적 단계
참고문헌
ABSTRACT

키워드

실질적 국민주권론 반대표제 대의제 직접민주제 Substantial Principle of Sovereignty. Democracy semi-directory system Representative System and Direct Democracy