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학술논문세계헌법연구2008.03 발행KCI 피인용 4

한국 대통령제의 성공과 헌법의 권력구조 조항 수정

김일영(성균관대학교)

14권 1호, 75~110쪽

초록

Korean politics has been democratized since 1987. But Korean presidential system has met lots of difficulties. How to amend the clauses on ruling structure of Korean constitution to overcome these difficulties? This paper examines this question from two perspectives: check and balance among the legislature, the executive, the judicature, and balancing among governability, accountability, representation, legitimacy. We need to distinguish between strengthening president's power and enhancing his capabilities. The thing which is needed to improve the governability of president is not to strengthen his power but to enhance his capabilities. To improve the accountability of president, we need to reinforce the checking power of the legislature and the judicature towards the executive, which results in enhancing the balance among the three branches. Finally we need to strengthen the representation of the legislature and the judicature, which might enhance the legitimacy of these branches. To do this the appointed offices are needed to pass through the precess of being approved by people.

Abstract

Korean politics has been democratized since 1987. But Korean presidential system has met lots of difficulties. How to amend the clauses on ruling structure of Korean constitution to overcome these difficulties? This paper examines this question from two perspectives: check and balance among the legislature, the executive, the judicature, and balancing among governability, accountability, representation, legitimacy. We need to distinguish between strengthening president's power and enhancing his capabilities. The thing which is needed to improve the governability of president is not to strengthen his power but to enhance his capabilities. To improve the accountability of president, we need to reinforce the checking power of the legislature and the judicature towards the executive, which results in enhancing the balance among the three branches. Finally we need to strengthen the representation of the legislature and the judicature, which might enhance the legitimacy of these branches. To do this the appointed offices are needed to pass through the precess of being approved by people.

발행기관:
세계헌법학회한국학회
분류:
법학

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한국 대통령제의 성공과 헌법의 권력구조 조항 수정 | 세계헌법연구 2008 | AskLaw | 애스크로 AI