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학술논문헌법재판연구2018.12 발행KCI 피인용 1

Constitutional Adjudication and Democracy

Constitutional Adjudication and Democracy

짐리 아쉬디키(인도네시아대학교)

5권 2호, 45~71쪽

초록

Modern civilization needs constitutional adjudication mechanism through independent court system to guard the implementation of the highest norms of the constitution, and to guide and control democracy at work. Democracy concerns especially only the quantity of the votes of the sovereign people who decide the public policy reflected in law and regulation, while the quality of the decisions for the interest of all the people can be left up to those respected and respectable constitutional judges. Democracy deserves the majority rights to rule, and the court deserves the minority right to be protected. Majoritarian democracy is just a formalistic and procedural democracy, while the roles of the constitutional court qualify it as a substantial democracy, for the interest of the whole people, both the majority and the more so for the neglected or even suppressed minority.

Abstract

Modern civilization needs constitutional adjudication mechanism through independent court system to guard the implementation of the highest norms of the constitution, and to guide and control democracy at work. Democracy concerns especially only the quantity of the votes of the sovereign people who decide the public policy reflected in law and regulation, while the quality of the decisions for the interest of all the people can be left up to those respected and respectable constitutional judges. Democracy deserves the majority rights to rule, and the court deserves the minority right to be protected. Majoritarian democracy is just a formalistic and procedural democracy, while the roles of the constitutional court qualify it as a substantial democracy, for the interest of the whole people, both the majority and the more so for the neglected or even suppressed minority.

발행기관:
헌법재판연구원
DOI:
http://dx.doi.org/10.35215/jcj.2018.5.2.002
분류:
헌법

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