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Democratic Legitimacy of Law and the Legislative Function of the Constitutional Adjudication in the Republic of Korea

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dc.contributor.authorRhee, Woo-young-
dc.date.accessioned2014-01-06T07:08:44Z-
dc.date.available2014-01-06T07:08:44Z-
dc.date.issued2006-
dc.identifier.citationJournal of Korean Law, Vol.6 No.1, pp. 18-43-
dc.identifier.issn1598-1681-
dc.identifier.urihttps://hdl.handle.net/10371/85116-
dc.description.abstractThis article is an effort to analyze the legislative function of the constitutional adjudication in the Republic of Korea in light of the democratic legitimacy of law and legislation, and its further constitutional ramifications. First, this article discusses the concept of legitimacy of law and the

legislation under a representative democracy, from traditional perspectives of proceduralism and functionalism. This article then moves to indicate that two of the core factors legitimating lawmaking from either proceduralist or functionalist theory are participation and interest representation. Based on such findings, this article analyzes democratic as well as constitutional legitimacy of the normatively legislative function assumed by the constitutionality review conducted by the Constitutional Court over the statute democratically enacted by the National Assembly, and the relationship between and the respective roles of the National Assembly and the Constitutional Court in legislation. In the conclusion, this article further deliberates upon constitutional ramifications of the

legislative function of the constitutionality review over the statute conducted by the Constitutional Court, including those pertaining to the concept of justiciability and the extent of the binding force of

the constitutional adjudication over the National Assemblys legislation.
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dc.language.isoen-
dc.publisherBK 21 law-
dc.subjectConstitutional Adjudication-
dc.subjectConstitutionality Review over the Statute-
dc.subjectLegislative Function of the Constitutional Adjudication-
dc.subjectLegislative Function of the Constitutionality Review over the Statute-
dc.subjectRelationship between the National Assembly and the Constitutional Court in Legislation-
dc.titleDemocratic Legitimacy of Law and the Legislative Function of the Constitutional Adjudication in the Republic of Korea-
dc.typeSNU Journal-
dc.citation.journaltitleJournal of Korean Law-
dc.citation.endpage43-
dc.citation.number1-
dc.citation.pages18-43-
dc.citation.startpage18-
dc.citation.volume6-
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