헌법적 가치와 행정: 헌법재판소의 판례 분석을 중심으로

This study aims to introduce the legal approach to public administration, which is an alternative perspective to the dominant executive-centered public administration. To achieve this, this study reviews the discussion of constitutional values and public administration such as the Blacksburg Manifesto, including Rohr and Wamsley’s arguments and Rosenbloom’s arguments. This study also analyzes precedents of the Constitutional Court of Korea to empirically examine the judiciary’s influence on public administration. The results show that the court’s decisions related to the Constitution have a direct impact on public administration and policy process. Since 2003, the number of cases brought before the Constitutional Court and the number of constitutional complaint cases have increased dramatically. In particular, we find that unconstitutional decisions on administrative legislation and activities by the executive branch have increased. This means that the role of the judiciary in public administration has been greater than before. Constitutional values can differ depending on state function and policy type. Finally, this study suggests that a change in collaborative governance among constitutional institutions is required, indicating that public administrators need to understand and consider constitutional values and potential constitutional issues in the policy process.