합헌적 법률해석과 헌법재판의 정당성

In order not to violate the nature of the judicial farce, the legitimacy of the Constitution is finally obtained when we consider the judgement of unconstitutional laws in terms of not only the judicial positivism but also the judicial activism . In this regard, the judicial activism criticizes that the judicial positivism has a very low flexibility to adapt the flow with the changes of the times, and that it is value-neutral in the constitutional judgement. Anyway, the nature of the constitutional judgement holds that the Constitutional Court proposes the flexibility to build a better interpretation of the Constitution in accordance with the changes of the times. Nevertheless, the Constitutional Court accepts the principle of constitutional interpretation, and denies the principle of unconstitutional interpretation. This attitude is contrary to the nature of the constitutional judgementWith respect to an essential nature of the constitutional judgement, the Constitutional Court examines whether there is a clear and significant violation or defect in terms of the principle of constitutional interpretation. In addition, the Constitutional Court explores whether this judgement abuses and deviates punishment or expulsion in regard to the judicial activism. the Constitutional Court should determine which one is a better legitimacy of the Constitution to make a society of pluralistic democracy.