인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
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.
연구보고서
Full-text AI
오류 신고하기해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
초록·키워드
Today, the function of the government is gradually expanded and specialized as the nature of the country changes into a social state. As a result, the number of administrative rules is increasing naturally, and the number of administrative rules affecting local autonomy is also very large.
However, administrative rules and their expansion inevitably result in an infringement or restriction of local autonomy. Local governments may be subject to various restrictions under the administrative rules of the central government in carrying out their own affairs in their functions and authorities. In the end, this study begins with the question of whether it is possible to enact administrative rules that have a practical effect on the autonomy of local governments.
In order to solve this problem, this study derives the limitations of administrative rules in the area of local autonomy based on the analysis and review of the actual cases of the Ministry of the Interior and Safety. For the purpose of resolving the limitations of autonomous functions or autonomy, which are the main contents of the constitutional local autonomy system, this study argues that it is necessary to interpret more strictly the Principles of Statutory Reservation and Legislative Delegation under the Constitution or to modify existing interpretations. In conclusion, this study presented the direction or standard of readjustment of administrative rules to guarantee local autonomy in four aspects: first, minimizing the number of administrative rules governing local governments; second, preparing the grounds for the establishment of administrative rules at the legal stage; third, expanding the application of the Rule against Blanket Delegation; fourth, strictly applying the Principle of Re-delegation.
However, administrative rules and their expansion inevitably result in an infringement or restriction of local autonomy. Local governments may be subject to various restrictions under the administrative rules of the central government in carrying out their own affairs in their functions and authorities. In the end, this study begins with the question of whether it is possible to enact administrative rules that have a practical effect on the autonomy of local governments.
In order to solve this problem, this study derives the limitations of administrative rules in the area of local autonomy based on the analysis and review of the actual cases of the Ministry of the Interior and Safety. For the purpose of resolving the limitations of autonomous functions or autonomy, which are the main contents of the constitutional local autonomy system, this study argues that it is necessary to interpret more strictly the Principles of Statutory Reservation and Legislative Delegation under the Constitution or to modify existing interpretations. In conclusion, this study presented the direction or standard of readjustment of administrative rules to guarantee local autonomy in four aspects: first, minimizing the number of administrative rules governing local governments; second, preparing the grounds for the establishment of administrative rules at the legal stage; third, expanding the application of the Rule against Blanket Delegation; fourth, strictly applying the Principle of Re-delegation.
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-0101-2021-309-000077485