행정입법의 통제에 관한 연구

• 영문명: A study on the Control of the Administrative legislation
• 발행기관: 원광대학교 법학연구소
• 저자명: 김성률(Kim, Sung-Ryul)
• 간행물 정보: 『원광법학』제28권 제2호, 107~143쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.06.30

영문 초록

The existing of Korean Constitution is prescribed some Articles. Art. 40 of the Constitution of the Republic of Korea provisions that “Legislative Power is shall be vested in the National Assembly.” And Art. 52 declares that “Bills may be introduced by members of the National Assembly or by the Executive.” And Art. 75 expressly mentions that “The President may issue presidential decrees concerning matters delegated to him by law with the scope specifically defined and also matters necessary to enforce laws.” And Art. 95 also states that “The Prime Minister or the head of the each Executive Minister may, under the powers delegated by law or Presidential Decree, or ex officio, issue ordinances of the Prime Minister or the Executive Ministry concerning matters that are within their jurisdiction.” Traditional view from division of powers doctrine does not allow the executive to have a legislative power. However, as modern democratic state does not draw a line between the powers and the executive obtain the democratic fairness, the line between the powers became thinner. This phenomenon results from the complexity of legislative procedures, and the promptness, the necessity and the efficiency also play a major role. However, the expanded power of the executive and increased legislative power can cause irreversible impact on the state. Increased power of the executive can endanger the division of powers doctrine and Constitutionalism. Therefore, controlling issues of legislative power in the government requires comprehensive evaluation instead of limited review of three branches. If National Assembly is controlled by multiple parties, the bills can be passed by the intention of its government instead of hands of the legislature. The control of legislative power cannot be secured by the increased power of legislature. Internal control of the executive and judiciary control can also be recommended. Internal control of the government can be considered as the self regulating tool but the increased power of the government has its own limitation. Legislative control has its own narrow view of understanding the reality and judicial control does not function as pro active control. As each state has its own individual background of legal culture and politics, one country’s success does not guarantee that of another. Nevertheless, careful review of one’s success can improve current system and establish its solid base for future of the Korean provisions-related. Also, provisions-related and legislative power precedents of the United States of America(Especially, APA) and United Kingdom(Especially, The Statutory Instrument Law) can improve Korean legal system. In conclusion, legislation of administrative should be controlled for the public benefit because such systems exist for the people.

목차

Ⅰ. 서 론

Ⅱ. 행정입법의 의의 및 통제의 필요성

Ⅲ. 행정입법 통제에 대한 미국과 영국의 현황

Ⅳ. 우리나라의 행정입법 통제

Ⅴ. 결 론

참고문헌

Abstract

키워드

입법권 행정입법 권력분립론 법치주의 국회 통제 행정적 통제 사법적 통제 미연방행정절차법 월권의 법리 Legislative Power Administrative Legislation Division of Powers Doctrine Constitutionalism National Assembly's Control Internal Control Judiciary Control APA Ultra Vires