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우리나라 법치주의 및 의회주의의 회고와 전망 : The Rule of Law and Parliamentarism in Korea: Retrospection and Prospect
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- Authors
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.4, pp. 208-248
- Keywords
- 의회주의 ; 권위주의 ; 통합기능 ; 독자성 ; respect for the Law ; the principle of parliamentary government (parliamentarism) ; market economy ; authoritarianism
- Abstract
- The violent candle-light riots in the center of the capital city Seoul had
nearly paralyzed not only the traffic flows but also the normal functions of the
newly inaugurated governments for months in early 2008. And the National
Assembly had not been even convened until the middle of August. Naturally the
riots gave rise to a nationwide debate on the topic of the rule of law, particularly
its necessity as the prerequisite for democratic process and the market
economy, versus the constitutionally provided freedom of speech and assembly
and the principle of popular sovereignty. They had caused observers to give
serious thoughts as well to the state of parliamentary government in Korea.
The republic of Korea (South Korea) was established in 1948 on the basis of
the free democratic Constitution whose features included both the rule of law
and the principle of parliamentary government. As compared with the performance
of Japanese judicial review of legislation institution, Korean judicial
review has been extremely active, particularly since 1987 when Korean society
become finally democratized. During the authoritarian phase in 1960s, 1970s and
early 1980s, there existed a gap in Korean society between the formal written
free democratic constitutional norms and the political practices which were
autocratic. The take-off stage of Korean economic development overlaps the
authoritarian phase, however. In any case, the political practices now came to
live up to what the formal constitution provides, particularly political freedoms...
- ISSN
- 1598-222X
- Language
- Korean
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