인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
The Constitutional Court has started its action since 1988 according to the Constitution of 1987. And meanwhile, it has strived apparently much for the efficient function of national structures. As a result, it scores a success which is hard to find in Asia. In that the constitution is being granted a 'life' to its statue by the constitutional court's activity, it also contributes to the development of the Constitution.
But the hasty construction of Consitutional Court, lacking enough debates in the process of its construction, has caused many problems. Therefore, people tried to resolve the problem through amendment. But in spite of these efforts, crucial procedural problems still remain unsolved. This can be attributed to the lack of will of the Court to improve it, and indifference or ignorance of the Legislature.
Of course, these problems cannot be solved by mere amendment. Instead, a wrong amendment will cause its counter effect, and ultimately, it will betray the trust of people towards law. As mentioned above, it appears a little early to make a judgement of the court's success. But anyone can say that the Constitutional Court has contributed to the improvement of constitution, and further, obviously enlightened people's awareness toward the constitution.
The present problem that our Constitutional Court has is that national bodies of structure do not obey to the court's decision although its criterion is constitution. This yields a certain result, considering our experience. This kind of constitutional reality is an obstacle to a normal function of constitution, and therefore does not fit the original intention of the system.
Constitutional Jurisdiction is not an almighty device. It only makes judgement according to the rules based on constitution and statute. The Constitutional Court is an authorized institution whose power and criterion derives from the constitution. It is a judicial organ which must never put things in a political way. But the reality shows that the Constitutional Court is not merely a judicial organ. As a matter of fact, there barely exists a national organ which does not show political tendency. The political tendency of the Constitutional Court does not have its origin in the trait as a political organ, but in the political tendency of the construction itself, which works as a criterion of constitutional jurisdiction. If ore of the function of the Constitutional Court were to pursue political peace of the nation, we can have tolerable attitude towards the matter. And if there are problems with the trial, amendment through proper procedures must be done. It is hardly imaginable to discuss the maintenance or abolition of Constitutional Jurisdiction, merely due to the inconsistency between its decision and one's personal will.
We cannot judge the 15-year-success or blunder by one-sides vision. As mentioned, improvements of an inconsistent system to constitutional orders should be sustained continually. It is desirable not to view the decision of the court through a political lens. And it is also desirable to take measures as soon as possible for the activation of Constitutional Jurisdiction, and for a real Constitutional State.
But the hasty construction of Consitutional Court, lacking enough debates in the process of its construction, has caused many problems. Therefore, people tried to resolve the problem through amendment. But in spite of these efforts, crucial procedural problems still remain unsolved. This can be attributed to the lack of will of the Court to improve it, and indifference or ignorance of the Legislature.
Of course, these problems cannot be solved by mere amendment. Instead, a wrong amendment will cause its counter effect, and ultimately, it will betray the trust of people towards law. As mentioned above, it appears a little early to make a judgement of the court's success. But anyone can say that the Constitutional Court has contributed to the improvement of constitution, and further, obviously enlightened people's awareness toward the constitution.
The present problem that our Constitutional Court has is that national bodies of structure do not obey to the court's decision although its criterion is constitution. This yields a certain result, considering our experience. This kind of constitutional reality is an obstacle to a normal function of constitution, and therefore does not fit the original intention of the system.
Constitutional Jurisdiction is not an almighty device. It only makes judgement according to the rules based on constitution and statute. The Constitutional Court is an authorized institution whose power and criterion derives from the constitution. It is a judicial organ which must never put things in a political way. But the reality shows that the Constitutional Court is not merely a judicial organ. As a matter of fact, there barely exists a national organ which does not show political tendency. The political tendency of the Constitutional Court does not have its origin in the trait as a political organ, but in the political tendency of the construction itself, which works as a criterion of constitutional jurisdiction. If ore of the function of the Constitutional Court were to pursue political peace of the nation, we can have tolerable attitude towards the matter. And if there are problems with the trial, amendment through proper procedures must be done. It is hardly imaginable to discuss the maintenance or abolition of Constitutional Jurisdiction, merely due to the inconsistency between its decision and one's personal will.
We cannot judge the 15-year-success or blunder by one-sides vision. As mentioned, improvements of an inconsistent system to constitutional orders should be sustained continually. It is desirable not to view the decision of the court through a political lens. And it is also desirable to take measures as soon as possible for the activation of Constitutional Jurisdiction, and for a real Constitutional State.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2009-362-016081238
