Earticle

초록

영어

Korean Constitutional Court has substantially cut back the power of the state to encroach upon the citizens’ basic rights. Through such decisions, it has also been instrumental in changing the people’s attitude toward law and the Constitution. There may be several explanations for this change in the way the constitution is perceived and utilized by the people. In short, main stream of judicial review compare to the past constitutionalism by the C.Ct are considerably active and progressive. In the same context, judicial activism trends were sequentially augmented and expanded in the ordinary court. In the current political climate, positive changes in governmental attitudes towards civil rights are taking place. Through the democratization process, powers the state may apply to its citizens are now perceived to be limited. The ordinary courts and the Constitutional Court are gaining importance as organs for the institutionalization of the rule of law. Meanwhile, the general principle of law such as proportionality, coupling ban, equitable estoppel, etc. or it’s organon orthodoxly has been contributory to the result that the course of justice have shown some remarkable progress within legislation and the judicial system. This paper begins in part II Rule of Law & Due Process of Law, and Equality in part III. I seek to establish in Part IV – Proportionality & Prohibition of Abuse – the plausibility of understanding the legal issues. Additionally, I investigate miscellaneous doctrines in part V such as Coupling Ban, Subsidiarity, etc.. In conclusion, one of the most controversial aspects of the living Constitutional framework has been its association with broad interpretations of the general principle of public law, which is inevitably retains judicial activism whether desirable or not. And my own view is that administrative constitutionalism’s virtues precisely and decisively outweigh the concerns with unauthorized administrative or judicial action.

목차

I. Conspectus
 II. Rule of Law & Due Process of Law
  1. Synopsis
  2. Rule According to Law
  3. Rule under Law
  4. Rule According to Higher Law
  5. Due Process of Law
 III. Equality at Law
 IV. Proportionality & Prohibition of Abuse
  1. Proportionality
  2. Prohibition of Abuse
 V. Miscellaneous Doctrines
  1. Coupling Ban (Prohibition of Tying)
  2. Subsidiarity
  3. Estoppel
 VI. Conclusion
 Bibliography
 [ABSTRACT]

저자

• Min-Young Park [ Professor, College of Law Dongguk University ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  DONGGUK LAW REVIEW

• 간기

  반년간

• pISSN

  2287-9676

• 수록기간

  2012~2025

• 십진분류

  KDC 360 DDC 340