대의제는 위기에 처했는가?

• 영문명: Representative System at a Crisis?
• 발행기관: 전남대학교 법학연구소
• 저자명: 조한상(Cho, Hansang)
• 간행물 정보: 『법학논총』제29권 제2호, 315~340쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

Recently, many people say that Representative System of Korean constitutional law come to a crisis. But this expression is ambiguous and rhetorical. So I would like to consider the constitutional meaning, problem and improvement of the representation seriously. Representative System is a methode of the democratic will-formation. this is a main constitutional meaning of Representative System. In theory as well as in practice, the representation is prior to all other method such as plebiscite or referendum. None the less, Representative System has many problems. It is very hard to select proper representatives, and to let the representatives speak for people. To make matters worse, these problems are aggravated by various reasons. However, I think that it is haste to assert “Representative System at a Crisis”. Any way, it goes without saying that Representative System needs many complements. Above all, we need to develope the representation into the real ‘democratic representation’. And the representation is supplemented with the civil participate. The plebiscite or referendum is useful as well as harmful to the democratic will-formation. Nowadays, there are various opinions to Representative System. Some people say that Representative System near its end, others say that it is absolutely forbidden not to respect Representative System. But I think that these extreme thought should be sublated. It is time we consider more concrete idea, so that Representative System is operated as the methode of the democratic will-formation.

목차

Ⅰ. 서 론

Ⅱ. 대의제의 헌법적 의의

Ⅲ. 대의제의 문제점과 그 원인

Ⅳ. 대의제의 문제점에 대한 대책

Ⅴ. 결 론

키워드

대의제 직접민주제 민주적 의사형성 시민참여 대의제의 우선성 Representative System direct democracy the democratic will-formation civil participate priority of the representation