대의 민주주의와 다수결원리: 가중다수결을 중심으로

There have been hectic controversies over the supermajority regulations of the National Assembly Law including the constitutional court case since the national assembly enacted so-called “The Advanced National Assembly Act.” This article shall review the meanings of the representative democracy, majority rule and the supermajority rule. There are not only the majority rule but also the consideration and protection of the minority in the ideas and contents of the Democratism. Supermajority rule would be justified as a tool to accomplish the protection of the minority. Majority rule in the democratic society shall be justified through the process of the full discussion and deliberation. We would keep trying to find out standards, cases and types to choose the majority or the supermajority rules. We may consider the three theoretical models to select which is better in a case: Economic Preference Model, Spatial Model, and Accuracy Model. I found supermajority regulations in our constitution as to sustain the constitutional ideas and stability. However, there was a case in which a supermajority regulation aimed to weaken the Judiciary and was decided as unconstitutional at the Supreme Court in our history. We need to develop the standards on majority or supermajority rules to refine our democracy.