정부형태 평가기준으로서의 권력분립

Separation of powers means the separation of the executive, the legislature and the judiciary, with none of the three branches of government able to exercise total power. It is a model for the governance of democratic states. The democratic virtues of the separation of powers are preventing against government tyranny, avoiding the exercise of arbitrary governmental power, and enhancing governmental efficiency. They are achievable through regime types. The British parliamentary system mixes executive and legislative members. Futhermore, the executive can exert on the legislative process. Although the legislature have to support the executive’s policy,if the executive holds a majority of the legislators, it effectively attains the law that it wants. In this respect, the British parliamentary system is vulnerable to prevent the abuse of political power. On the other hand,constrained parliamentary systems can achieve this democratic objective effectively since they control executive and legislative action by strong judicial oversight. Semi-presidential systems divide executive between a president and a prime minister. The split of executive power causes a disruptive constitutional conflict between the two. In this point of view,Semi-presidential systems are not worth achieving governmental efficiency. In its final analysis, it is inappropriate to change from presidential system in the current Korean constitution to parliamentary or semi-presidential system by constitutional amendment.