한국과 필리핀의 법치주의 실현에 대한 비교법적 연구

• 영문명: Comparative Study for Actualization of Constitutionalism in Philippines and Korea
• 발행기관: 유럽헌법학회
• 저자명: 이재삼(LEE,Jae Sam)
• 간행물 정보: 『유럽헌법연구』제9호, 215~269쪽, 전체 55쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

` This study looks at the Philippines and Korea from the standing point of comparative law to find out ways for actualization of constitutionalism and the problems that arise. Thus, five methods for realization of constitutionalism for both countries are laid out. Firstly, national security system must be strengthened to prevent invasion of foreign powers. To be ready for war and to be ready to defend the country, both countries must put efforts to build up national power and cooperate with its allies to adapt to Korea’s peaceful unification plan and contribute to world peace in the long run. Secondly, constitutionalism must be realized. In other words, all national actions must abide by rule of law. Realization of constitutionalism involves politically liberal principles such as ensuring all the basic human rights for all its citizens, distributing government power to three branches of judicial, legislative, and executive and establish system of checks and balances between each to prevent concentration of power, and ensuring freedom of people from abuse of government power. Thus justice must be upheld in all establishment, execution, and judgement of the law. Thirdly, principle of democratic state must be realized. Principle of democratic state is a constitutional principle that democracy is the guiding principle in the state arena. Because the state is composition of government authority to realize public ideals, in no case the state should use its authority arbitrarily. The state cannot be justified for its itself, but exists for the purpose of maintaining the community and realizing the members’ freedoms and rights. Because the owner of the community is its members, the existence of the state must be justified by its members. Today, the principle that the members of the community is the owner of the community is established as popular sovereignty and the state is established, maintained, and operated by the principle of democracy. Fourthly, the economy must be revitalized. Above all, an economic order suitable for market economy must be established. Thus the government strictly execute regulations related to economic activities and the corporations and individuals must compete within the borders set by the law. The constitution allows for state intervention in the economy in order to keep the function of the market sound. Such state intervention, as it is executed for the purpose of protecting the people’s economic activities, keeping functions of the economy, and ensuring social security, must abide by the consitutional principles of subsidiarity, of trust and protection, and of proportionality, as well as prohibition of retrospective deprivation of private property. Also, all economic actors, in the course of their economic activities, must consider equity as well as efficiency. They also must practice economic ethics and build trust through their role in society. Fifthly measure is revitalization of civil society movements. Civil movements have a large influence today and the assessment of the movement is quite positive. In other words, civil movements receive highly positive assessment because it pursues social publicness through gradual, non-violent, peaceful, and legal actions. The role of civil movement is firstly to monitor and criticize state authority, secondly to suggest, request, and institutionalize policies that represent public Civil society movements must act as control and monitor watchdog for authoritarian nation, centralization, and local autonomy. For that, it is necessary to implement new policies to strengthen the role of medium between the existing system and the informal system. Also, it is necessary to develop policies in the public interest and put efforts to solve problems in the current system of policies and regulations.

목차

〈Abstract〉

Ⅰ. 서론

Ⅱ. 한국의 법치주의의 전개과정

Ⅲ. 필리핀의 법치주의의 역사적 전개와 법체계

Ⅳ. 한국과 필리핀의 법치주의의 비교법적 검토

Ⅴ. 결론

〈참고문헌〉

키워드

Korea Philippines an independence movement authoritarianism constitutionalism a pro-democracy movement division of powers economic development a citizens’ campaign