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학술논문법과사회2013.12 발행KCI 피인용 9

대한민국 헌법 제1조의 한 해석

An Interpretation in the 1st Article of Korean Constitution

이국운(한동대학교)

45호, 233~256쪽

초록

My aim in this paper is to present an interpretation in the 1st article of the current Korean constitution as a supplementation for the mainstream interpretation, which is represented in many textbooks of Korean constitutional law. The first step is to find out the subject of Korean constitution, “We the Korean People”, and to re-read the text of constitutional document from the viewpoint of constitutional participants. This new approach makes many differences from the textbook’s, because it opens a newer way of interpretation in constitutionalism comparing with the one in the theory of sovereignty. In order to grasp those differences, I try mainly four consecutive tasks; ① to interpret the liberties of “We the Korean People”, ② to analyse the concept of constituent power replacing the concept of sovereignty in constitutional theory, ③ to clarify the meaning of the “Democratic Republic Project” in the first clause of the first article with key concepts of liberty, democracy and republicanism, ④ to reinterpret the second clause of the first article as a constitutional remedy and prevention. I expect that this kind of attempt provoke more vivid and practical interpretation of Korean constitution amongst Korean constitutional citizens.

Abstract

My aim in this paper is to present an interpretation in the 1st article of the current Korean constitution as a supplementation for the mainstream interpretation, which is represented in many textbooks of Korean constitutional law. The first step is to find out the subject of Korean constitution, “We the Korean People”, and to re-read the text of constitutional document from the viewpoint of constitutional participants. This new approach makes many differences from the textbook’s, because it opens a newer way of interpretation in constitutionalism comparing with the one in the theory of sovereignty. In order to grasp those differences, I try mainly four consecutive tasks; ① to interpret the liberties of “We the Korean People”, ② to analyse the concept of constituent power replacing the concept of sovereignty in constitutional theory, ③ to clarify the meaning of the “Democratic Republic Project” in the first clause of the first article with key concepts of liberty, democracy and republicanism, ④ to reinterpret the second clause of the first article as a constitutional remedy and prevention. I expect that this kind of attempt provoke more vivid and practical interpretation of Korean constitution amongst Korean constitutional citizens.

발행기관:
법과사회이론학회
분류:
법학

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대한민국 헌법 제1조의 한 해석 | 법과사회 2013 | AskLaw | 애스크로 AI