이탈리아 법원과 헌법재판소 사이의 헌법적합적 법률해석에서의 협력관계

Since the advent of the Constitutional Court of Italy in 1956, the Italian Courts and the Constitutional Court have come to a functional cooperative relationship in terms of interpretation in conformity with the Constitution after passing through 40 years (1956〜1990) of history. Prototypes achieved through three stages of history can be summarized as follows: the Constitutional Court rarely adopts “interpretative decision of dismissal”(the decision of limited constitutionality); uniform and consolidated case law of the Italian Courts, which we call “living law”, shall be recognized as source of law; the duty of conforming interpretation, a procedural duty, incumbent upon every judge of the Courts since 1996 has led him/her to actively issue an “interpretative decision of dismissal”; and for any existence of an unconstitutional living law, the Constitutional Court strikes one down by declaration of unconstitutionality. The prototypes well coincide with one constitutional justice model that is consistent with democratic constitutional state and modern separation of powers ensuring people's rights. With Italy's stable and effective judicial functional cooperation model comes the great need to research it intensively. Apart from amending provisions of the Constitutional Court Act in order to make “the decision of limited unconstitutionality” legally binding or to adopt “the constitutional complaints against judicial decisions” our top priority is to establish our own cooperative relationship between the Korean Courts and the Constitutional Court of Korea in which the two mutually assist in interpretation in conformity with the Constitution thereby enhancing their institutional stature to guarantee people's rights.