입법과정의 하자에 대한 헌법재판소의 통제와 헌법적 정당성의 문제

• 영문명: A study on the control of the legislative proceedings and the constitutional legitimacy
• 발행기관: 한국부패학회
• 저자명: 조재현(Cho Jae Hyun)
• 간행물 정보: 『한국부패학회보』제14권 제4호, 109~128쪽, 전체 20쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

It is very important to discuss and deliberate about bills in the legislative proceedings and they should be passed by decision by a majority of the members. Moreover discussions and deliberations of the sessions of the National Assembly are open to the public. They are the important principles of the legislative proceedings. In the legislative proceedings if they are not observed by the members, for example the speaker or vice speaker would disturb for the members the right to deliberate and vote, or the proceedings would be conducted secretly, or there would be a filibustering etc., the violation of the principle of the legislative proceedings should be controlled by the Constitutional Court. According to the theory and the precedent of the Constitutional Court, the violation of the principle of the legislative proceedings would be under the jurisdiction on the adjudications on competence disputes. In 1997, and 2009, the Constitutional Court had decided that the promulgation of the passing bills would infringe for members the right to deliberate and vote. But the Court had not decided passing bills as unconstitutional. I think that the Constitutional Court had made an error in judgement, so the decisions of the Court have come under increased criticism by the constitutional scholars and lawyers. Because if the principles of the legislative proceedings would be violated, the result would never be justified by the constitutional legitimacy.

목차

Ⅰ. 들어가며

Ⅱ. 입법과정의 민주적 의사결정과 입법과정의 하자

Ⅲ. 입법과정의 하자에 대한 통제

Ⅳ. 입법과정의 하자통제에 관한 헌법재판소의 결정례

Ⅴ. 헌법재판소의 입법과정 정당성 심사에 관한 헌법적 평가

Ⅵ. 맺으며

<참고문헌>

키워드

입법과정(legislative proceedings) 심의·표결권(right to deliberate and vote) 권한쟁의심판(adjudications on competence disputes) 헌법적 정당성(constitutional legitimacy) 의사진행방해(filibustering)