헌법의 몇 가지 법치주의 모델 - 개념과 구조 -

‘The rule of law’ is a universal term, but it is an uncertain concept that is difficult to find one meaning from the concept itself. It functions as a kind of meta-language that is open to changes in meaning depending on specific conditions and circumstances. The rule of law and rule ‘by’ law can be used with different meanings. Understanding the concept of law complicates the rule of law. In addition, models on the rule of law can be distinguished according to the ideas of law. Legal stability is manifested concretely in the principles of clarity and trust. The principle of trust protection are differentiated to retroactive prohibition principle. The relationship between legal stability and justice is not necessarily contradictory, as legal stability as such constitutes a part of justice. And the rationality of the law is specified in proportionality principle. Lastly the principle of due process under the influence of the Anglo-American system is confusing whether it to replace or complement the substantive legal models in conjunction with a procedural justice. The granular types of the rule of law multiply by combining with democracy and social welfare. In a formal sense each of those depends on whether the ruler is legally bound and whether the citizen participates in the legislation, while in a substantive sense depending on the values, e.g. freedom, equality or welfare. Furthermore, it is difficult to recognize ‘a state of exception’ separately and explicitly in the constitutional models on the rule of law, and to make one universal model of that applied to every sovereign country.