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정치와 법 - 법원의 법률해석 기능에 대한 실증적 고찰에 관하여 - : Politics and the Law - A Positive Analysis of Statutory Interpretation -
DC Field | Value | Language |
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dc.contributor.author | 허성욱 | - |
dc.date.accessioned | 2009-09-27T23:47:21Z | - |
dc.date.available | 2009-09-27T23:47:21Z | - |
dc.date.issued | 2005 | - |
dc.identifier.citation | 법학, Vol.46 No.2, pp. 344-376 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9901 | - |
dc.description.abstract | The prima-facie understanding of statutory interpretation is that the court has
the final word about the interpretation of law on political matters, in that the court has the sole and the final right of interpreting the statutes which are enacted as a result of battles and compromises among various political agencies. However, when we review this understanding in the aspect of positive political theory, we soon realize that this understanding of the process of statutory interpretation is false. Each and every statutory interpretation provided by the court in political cases gives rise to certain political reactions. The political actors of the nation (i.e., the National Assembly and the President) may exert their will and the power to change any disadvantageous statutory interpretation of the court to their advantage. Sometimes they try to change the view of the court by changing the composition of the court (so called the Court-packing), and sometimes they try to influence the view of the court by changing the rules on the budgets and the formation of the courts for which the court itself can not make the rules. This trend of political reaction on the statutory interpretation has become more distinct as the court became more involved in deciding on political matters and influencing the politics after World War II. We may refer to this trend as the Politicizing of the Law and the Judicializing of the Politics. In this paper, I have attempted to show and analyze the real process of the statutory interpretation by introducing the positive political theory of John Ferejohn. I believe that such analysis will provide a useful guidance in... | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 권력분립의 원리 | - |
dc.subject | 실증적 정치분석이론 | - |
dc.subject | 사법부의 법률해석 | - |
dc.subject | 법원의 기능과 역할 | - |
dc.title | 정치와 법 - 법원의 법률해석 기능에 대한 실증적 고찰에 관하여 - | - |
dc.title.alternative | Politics and the Law - A Positive Analysis of Statutory Interpretation - | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Heo, Seong Wook | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 376 | - |
dc.citation.number | 2 | - |
dc.citation.pages | 344-376 | - |
dc.citation.startpage | 344 | - |
dc.citation.volume | 46 | - |
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