정당공천의 헌법적 쟁점과 개선방향 - 국회의원 공천제도의 비교법적 분석 -

The uptrend nomination system of the political party should be provided concretely in the legislation of USA and Germany, but in Korean Political Party Act it provided abstractly as “democratic process”. By making comparison study of three States, the legislation of USA should be prescribed too positively, but the Korean passively. According to the political party clause (the article 8 clause 2) of the Korean Constitution, Political Party Act Art 29 and public office Election Act Art 47, the Political party's candidate nomination should be performed democratically. There is dual character in the political party candidate nomination system; a private one as internal matters of the political party and a public one as an essential element of the process of the public office election. American primary election system contributes to improve an essential element of a whole election system of a State. As a result of undemocratic process of political party's candidate nomination, the independent democracy will be damaged. This paper has focused on the candidate nomination system of political parties including the new system of citizens' participation in election process (to nominate candidates) and to conclude, the proper methods to guarantee a democratic process of political party's candidate nomination are suggested here, (ⅰ) a direct election by party members, (ⅱ) citizenry's opposing to nomination, (ⅲ) the exclusion of candidate nomination by political parties.