현대국가의 권력분립 - 예산의 수립과 통제를 중심으로 -

Traditional understandings about separation of power is usually based on the viewpoint of modern liberalism. The reality of contemporary states need new perspectives to check and balance of powers. Conflicts have been not any more between kings and citizens, but between capitalists and laborers. These conflicts can be reflected more correctly not with check and balance between parliaments and administrative government, but between ruling parties and opposite parties. Today’s discussion about separation of powers should be focused on how the opposite parties can check and balance the ruling parties and their administrative governments. Separation of three powers, legislative power, administrative power and judiciary power has been regarded as the organization principle for liberalism. But it should be thought as the realization of ‘Rule of Law’, which need separation of legislation, execution and judiciary. From this viewpoint, we can get the idea that people themselves participate in separation of powers through judiciary system. These new perspective about separation of powers gives us new viewpoint to separation of powers in establishing and controlling national budgets. We should focus more on the opposite parties’s powers than just legislatures themselves’. Also we should not neglect protection of parliament’s members from the powerful of parties. Of course, people’s right of access to court should be guaranteed in order to control national budgets.