헌법의 의미와 헌법개정 그리고 헌법의 변화

This study aims to examine the meaning of the constitutional revision from a broader perspective through analyzing the concepts of the Constitution. In other words, based on the analysis of the constitutional concept structure, the study extends the significance of the constitutional amendment, through which it intends to take notice of changes in the Constitution, departing from the constitutional reform discussion with main focus on the constitutional texts. The Constitution has diverse legal forms and different existent aspects with a multi-layered complex of statutory law, judgment law and various systems supporting them. Since constitutional texts are not the only Constitution, it is difficult to grasp at once where the Constitution exists among all of the diverse legal forms and systems. Furthermore, it is important to pay attention to the meaning of ‘constitution’ which is different from that of ‘constitutional law.’ The concept which is compatible with forms of a nation, its existent aspects, its narratives and so on, should be certainly dealt with when asking “what is the Constitution?”. Based on the concept, the Constitution could be reformed without the normal constitution amendment procedures. At this point, the key might be the interlock between individual legal forms and existent aspects. Regarding the interlock, it is more important to keep the interlink of statutory law and judgment law. The discussion above is thought to demand review of what meaning and function constitutional amendment has, whether it could make a radical reform of the national system, and whether it is really needed. Such an approach is necessary to take dealing with the recent argument about constitutional revision that has been made in political circles.