통일헌법의 이념적 기반과 제정의 원칙들

In world history, unification of the divided nations has been requisitely required from the revision of the Constitution of the 'minimal' divided nations to the establishment of the new Constitution of the 'maximum' unified nation. The unification of Germany could be realized normatively by incorporation clause under Article 23 of the Basic Law of West Germany(Grundgesetz für die Bundesrepublik Deutschland). And unification of Yemen could be completed by adopting the Unification Constitution with mutual agreement between South and North Yemen. The active development of studies related to the unification of the Korean Peninsula and the Constitution also began in the 1990s as opportunities for the establishment of the unified nation of East-West Germany and South-North Yemen. However, it is already common that the case of reunification of Germany will never be a leading model for us. Therefore, What is important is that consideration about the ideological bases and principles of the Unification Constitution should be sought first. From this point of view, this study deals with the value and root idea of the Unification Constitution, and, moreover, its methodological principles for the enactment of the Unification Constitution. It is assumed here that the Unification Constitution has the practical power to create a community of the future, and it can provide us with practical norms. To put it concretely, the axiology of the Unified Constitution has meaning to carry out the task of 'unification as a process' and 'restoration of political subjects'. Also, the root idea of the Unification Constitution should be 'democratic itself' with ideological tolerance. Finally, the direction of the enactment of the Unification Constitution is that it should declare “healing” and its thorough prevention of recurrence against the suffering sovereigns under the direct violence of the division system and hostile symbiotic relationship.