한국 헌정에서 입법자의 권위 실추 : 진단과 처방 ― 입헌적 공화주의의 관점 ―

The Fall of the Legislator's Authority in Korean Constitutional Politics: Diagnosis and Remedy in the Perspective of Constitutional RepublicanismLee, Kuk-WoonThis article aims to have diagnosis and remedy for the fall of the legislator's authority in the Korean constitutional politics. For the past several decades, there have been discussions in Korean society on this issue from the viewpoints, for example, the crisis of parliamentary democracy, the challenge of post-modern democracy, the structural weakness of the Korean constitutional framework, and the unfinished liquidation of the past. In spite of many insights from the previous academic talk, the author finds that it is more fruitful to reexamine the old ideal of parliamentary democracy in the perspective of Constitutional Republicanism. With two foci as ‘finality’ and ‘the due process of law’ in mind, the author argues that historically the parliament shares same origin with the court and the parliamentary democracy itself was designed as a type of deliberative democracy from the beginning. The author is quite positive for the relevance of this old ideal in the current Korean political context. In order to realize it, he suggests some institutional changes and reforms including the selection and allocation of the proportional representatives, the reorganization of the spatial structure of the parliament, and the realignment of the relationship with the constitutional court.