국가입법과 자치입법과의 관계

The agenda of extending lawmaking power by local government, on the basis of the division of the affairs of local government and those of nation, is supplemented by the regulation apportionment. The national lawmaking is composed of the assembly-legislation, the administration-lawmaking and local government-lawmaking, so in the regulation apportionment it is impotant to research the relationship of their lawmakings. The constitutional guarantee of the self-governing system does not mean reducing it to the minimun. And as one of lawmakings, the local government-lawmaking is subject to th basic principles of the constitution law: the democracy, the legalism, the welfare. By the mitigated interpretation of the rule of Reservation of the law and the one of First application of the law, local government-lawmaking will get the possibility as a tool for the material realization of the local self-governing. For the balance of the assembly-legislation and local government-lawmaking, it should be reviewed what the lawmaking object means and whether the local government-lawmaking about the case of restriction on right can be recognized. The core of local autonomy is “autonomous order of a local society.” A legal system, which supports this, must be established and further developed. Strict legalism is required. A step-by-step and systematic approach, which analyzes the meaning of individuals, members of a community, citizens, the nature of autonomy, constitutional guarantee, and normative order ensures harmony between legalism and autonomy, should be taken in discussing ordinances. It is desirable to get the maximun lawmaking power to the local government, except for fundamental rule-outline and essential facts of the fundamental rights, nationalwide regimental issue and so on. By the typical research, the more flexible regulation by the minimum or maximun standard can be.