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학술논문고려법학2008.10 발행KCI 피인용 3

한국에서 의원내각제 - 도입의 필요성과 전제조건 및 실현가능성을 중심으로 -

The parliamentary system in korea

이준일(고려대학교)

51호, 171~193쪽

초록

The form of government of Korea is a presidential system. In the long history of the presidential system in Korea has arisen such a number of problems as the appearance of "imperial" presidents, the difficulty in no confidence in the government, the conflict of the president and the parliament. Because the parliamentary system has such a lot of merits as the rationality of decision-making process, the constant possibility to have no confidence in the government and to dissolve the parliament. However, the parliamentary system must be complemented by various institutions, because the problem of the political unrest can be arisen by the frequency of the non-confidence in the government and the dissolution of the parliament. An alternative can be the parliamentary system of Germany which has such institutions as the constructive non-confidence, the proportional representation, the competence of prime minister to propose confidence and the clause of detering minor political parties. There are different opinions against the discussion on the amendment to the Constitutional Law of Korea in which the parliamentary system can be introduced. But the opponent opinions can be disproved by resonable discussion. It is most important that every discussion about a revision of the Constitutional Law of Korea has to be held in the view of the whole nation in the long term which goes beyond special interests in the short run.

Abstract

The form of government of Korea is a presidential system. In the long history of the presidential system in Korea has arisen such a number of problems as the appearance of "imperial" presidents, the difficulty in no confidence in the government, the conflict of the president and the parliament. Because the parliamentary system has such a lot of merits as the rationality of decision-making process, the constant possibility to have no confidence in the government and to dissolve the parliament. However, the parliamentary system must be complemented by various institutions, because the problem of the political unrest can be arisen by the frequency of the non-confidence in the government and the dissolution of the parliament. An alternative can be the parliamentary system of Germany which has such institutions as the constructive non-confidence, the proportional representation, the competence of prime minister to propose confidence and the clause of detering minor political parties. There are different opinions against the discussion on the amendment to the Constitutional Law of Korea in which the parliamentary system can be introduced. But the opponent opinions can be disproved by resonable discussion. It is most important that every discussion about a revision of the Constitutional Law of Korea has to be held in the view of the whole nation in the long term which goes beyond special interests in the short run.

발행기관:
법학연구원
분류:
법학

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한국에서 의원내각제 - 도입의 필요성과 전제조건 및 실현가능성을 중심으로 - | 고려법학 2008 | AskLaw | 애스크로 AI