Earticle

초록

영어

1. This study aims at comparing the formal and substantial aspects of the preambles of the Constitutions in thirty-five American countries. Each of them has their own written constitution, but four Constitutions(Jamaica, Chile, Mexico, Uruguay) lack a preamble. 2. As for the formal aspects of preambles of thirty-one Constitutions, the average file sizes of the texts are 1,399 bytes and the average running words are 196 words. In eleven preambles, their file sizes are smaller than 1,000 bytes, and their running words are less than 350 words. Each text of almost all preambles, except for Guyana and Bolivia, consists of only one sentence. 3. As for the substantial aspects of preambles, have been examined by whom and by what procedures the Constitution had been adopted; what are the concepts of constitutional principles or values described in the preambles. 1) It is described in the preambles that eleven Constitutions were adopted by the 'people', and nine by the 'Constituent Assembly'. However, in eleven preambles it is not clear who adopted the Constitution. Just four of the Constitutions were adopted via voting of an assembly and only three via a referendum. 2) As for the political systems, the words implying republic are mentioned in twelve preambles, those of federalism in four preambles, and those implying monarchy only in the preamble of the Canadian Constitution of 1867. 3) As for the concepts of constitutional principles or values, more frequently are mentioned such as: religion, freedom, democracy, justice, human dignity, equality, peace, rule of law, human rights, republic, sovereignty, history, in- dependence, unity, and welfare or wellbeing, arranged in the order of their frequencies. However, more frequent concepts are different between the fourteen Anglo-American countries and the seventeen Latin American countries. The concepts which are used less frequently in the preambles are peace, history, and republic in the Anglo-America, but human dignity, rule of law, and human rights in the Latin America. 4. Finally, it is significant to mention the preambles of the Constitution of South Korea. The preamble of the Korean Constitution contains many above-mentioned concepts familiar with American countries, but lacks in some concepts such as human dignity, human rights, and the rule of law. It is necessary to supplement the preamble with those concepts by amending the Constitution in time.

목차

Ⅰ. 서론
 Ⅱ. 헌법전문의 형식적 측면
 Ⅲ. 헌법전문의 실질적 측면
 Ⅳ. 결론
 참고문헌
 

키워드

헌법 전문 아메리카 미주 비교 원리 가치 이념 constitution preamble America comparative principle value

저자

• 한병호 [ Han, Byung-Ho | 한국해양대학교 해사법학부 교수 ]

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