조례제정의 법체계적 허용범위

Enactment power of municipal Ordinance granted to local governments from Constitution is more close to residents about the affairs of the local self-regulation that establishes local area, as well as the purpose of administration, local government and state govern their own problems that can be overlooked position in the area of ​​professional judgment, and that it considers the diversity of each region. However, the enactment power of municipal ordinance is also a kind of administrative action because of the principle of administrative law subject to suitability bar, law predominance should be the lead. Problem is that the "within the limit of Acts" means the limit of the range of problems. The limit or scope of the regulations as enactment power of municipal ordinance since it's important. It is fair to recognize that the principle law predominance, but if the range is too wide for this almost lost to the regulations prescribed by the regulations as a result of enactment power of municipal ordinance deteriorated substantially in phase with those of the local government system to make nominal consequences. Fortunately, case law and doctrine is widely recognized that the scope of enactment power of municipal ordinance and regulations that have the same purpose, only if they clearly violate the regulations, except to acknowledge the scope of the ordinance. This results in the basic foundation of the enactment power of municipal ordinance also expand the area.