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신행정수도후속대책특별법의 위헌성 여부에 관한 연구 : A Study On Constitutionality Of The Second Capital Relocation Act
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 최대권 | - |
dc.date.accessioned | 2009-09-28 | - |
dc.date.available | 2009-09-28 | - |
dc.date.issued | 2005 | - |
dc.identifier.citation | 법학, Vol.46 No.3, pp. 201-226 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9913 | - |
dc.description.abstract | The capital relocation legislation enacted with a simple majority vote by the
National Assembly in January 2004 was declared as unconstitutional by the Constitutional Court in October 2004 on the ground of its having violated the unwritten(customary constitutional law) part on the nation's capital of the Constitution which required an amendment to relocate capital as interpreted by the Court. Another, albeit a little down sized, capital relocation legislation(called Special Act for the Construction of Administrative Complex Town as Follow-Up Measures for Capital Relocation) was enacted equally with a simple majority vote by the National Assembly in March 2005 only in the space of three or four months following the decision of the Constitutional Court in which the first capital relocation legislation was held unconstitutional. The second legislation retains almost all the provisions of the first legislation intact with few changes including President and 6 designated ministries being exempted from relocation and with addition of a few supplementary provisions. Upon constitutional complaint, this second legislation was also put to constitutional scrutiny by the Constitutional Court recently. A study is conducted on the constitutionality of the second legislation. As a result, an argument is made here to suggest that the second legislation is also unconstitutional on the following four grounds. Firstly, the second legislation in its contents is substantially identical to the first legislation that was held unconstitutional in that it purports to relocate the substance of capital to the particularly designated area that was already ascertained as the site for new... | - |
dc.description.sponsorship | 이 논문은 서울대학교 법학발전재단 출연 법학연구소 기금의 2005학년도 연구지원비
의 보조를 받았음. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 제2의 행정도시특별법 | - |
dc.subject | 관습법 | - |
dc.subject | 헌법재판소결정의 기속력 | - |
dc.subject | 우리나라의 수도인 서울의 문제 | - |
dc.title | 신행정수도후속대책특별법의 위헌성 여부에 관한 연구 | - |
dc.title.alternative | A Study On Constitutionality Of The Second Capital Relocation Act | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Choi, Dai Kwon | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 226 | - |
dc.citation.number | 3 | - |
dc.citation.pages | 201-226 | - |
dc.citation.startpage | 201 | - |
dc.citation.volume | 46 | - |
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