의회와 입법절차 - 입법기능과 입법절차의 상관관계를 중심으로 -

The main thesis of this paper is the relation between legislative function and a legislative procedure in the Constitution. A rational and fair legislative procedure is necessary for lawmaking, in which a legislative procedure is considered as a legal process that should be abided by legislator. However, the procedure is often ignored or infringed practically by legislator. All state actions including legislation are under control by the Constitution and the law, which should be achieved according to a legal procedure envisaged by the Constitution and the law. It means that legislative process regulated by a legal procedure that has binding force is a full fulfillment of legislative function in the Constitution; by such a legal procedure two kinds could be strengthened, the one is democracy as to make adjustments in diverse and different opinions possible, the other is the rule of law as to remain within legality. Hence a legislative procedure in relation to legislative function has a meaning that improve rationality, fairness, and democracy in lawmaking. Furthermore, a legislative procedure does its role to ensure the law to be constitutional, that is, ‘constitutional law in fair procedure’. If there are significant procedural faults in lawmaking, we can say that there is no law coming into being regardless of whether the law is good or bad. The premise of the execution of the law or of the jurisdiction according to the law is bringing into the existence of the law, which could be possible only by abiding by a legislative procedure. However, in the view of the legal stability, there are another questions and need extra inquiries about whether there could be the denial of the force of the law which has procedural faults in lawmaking.