헌법논증에서의 법사상과 역사적 요소- 논증의 중립적 가치실현요소로서 기능을 중심으로 -

The most important thing in the Constitutional Court's final decision is that the individual case is not a final decision but arguing that caused the decision. Though the Constitutional Court's final decision alters the amount of argument with the matters, Argument of rigor is required. However, you examine closely the constitutional court's decision that the rigid arguments is gone, the spot where may remain the value judgments. It is understood that it is hard to perform rigorous demonstrations due to constitutional structural characteristics and semantic openness. However, the constitutional court's decision is necessarily required in each sentence of the rigid arguments due to the community of Nations on its wavelength. In this paper, the objectivity of the demonstrations are among the many factors that may be present, is generally accepted and explores the historical argument that only limited. Review of the law spiritual element is a miscalculation that can occur in the trial of the Constitution will be taken as the request of its effort to minimize. A review on the constitution individual case in historical element is that constitution norms are inevitably taken into consideration in based on historical fact. The review of the historical significance for expanding the scope of the nature of the meaning can be seen as creative work that is tied to the formation of specific law and order.