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헌법의 연속성과 변화에 관한 담론 -전통과 사회적 폐습을 중심으로- : Continuity and Change in Constitution -With the Particular Focus on the Traditional Culture and Bad Social Usages-
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 최대권 | - |
dc.date.accessioned | 2009-09-13T23:15:14Z | - |
dc.date.available | 2009-09-13T23:15:14Z | - |
dc.date.issued | 2003 | - |
dc.identifier.citation | 법학, Vol.44 No.1, pp. 86-106 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9144 | - |
dc.description.abstract | Continuity is a major feature of the living constitution. The constitutional
continuity is reinforced by the difficulty and infrequency with which the constitution changes in the form of its amendment and/or its evolution. Through its institution of constitutional(judicial) review, the constitution with a measure of consistency regulates social changes in terms of their being constitutional or unconstitutional. Continuity is an important attribute of the traditional culture as well. In Korea, however, the traditional culture has acquired an added continuity with the constitutional backing: the constitution provides that the state shall strive to uphold and develope the traditional culture and to promote national culture.(Article 9) Therefore the state is constitutionally required to uphold and develope the traditional culture apparently in the first place through an exercise of its legislative policy-making power and secondly through an excercise of judicial review power. Accordingly the Constitutional Court in exercising its constitutional review power has an obligation to provide due respect to any legislation when it involves cultural features that are truly traditional cultural and when it is a rational legislative measure designed to uphold and develope the traditional culture. The traditional culture legislatively to uphold and develope is an instance of the public welfare in the Article 37 Section 2 which the Court has to balance against the fundamental rights or freedom in issue in considering the constitutionality of a legislation. The constitution of Korea also provides for the elimination of bad usages(the Preamble of the Constitution)... | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 사회적 폐습 | - |
dc.subject | 헌법 지속성(동일성) | - |
dc.subject | 자유민주주의의 틀 | - |
dc.title | 헌법의 연속성과 변화에 관한 담론 -전통과 사회적 폐습을 중심으로- | - |
dc.title.alternative | Continuity and Change in Constitution -With the Particular Focus on the Traditional Culture and Bad Social Usages- | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Choe, Dae Gwon | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 106 | - |
dc.citation.number | 1 | - |
dc.citation.pages | 86-106 | - |
dc.citation.startpage | 86 | - |
dc.citation.volume | 44 | - |
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