미국 의회 신속입법절차에 관한 헌법적 분석 ― 권한의 자발적 제한과 의사절차의 변형 ―

In its expedited(or fast-track) legislative procedures (hereinafter ‘fast-track in US’), the US Congress prevents delays in decision-making by setting up special procedure in individual laws on agenda items that require expedited deliberation and resolution in the areas that the executive (including the President) has initiative on decision-making such as diplomacy and security. The fast-track in US is based on checks and balances between legislative and executive powers. The fast-track in US is an example of flexible functional separation of power, rather than that of a rigid division of power. The US Congress respects the realm of administration by shortening the review period and limiting Congressional amendment in fast-track in US, while maintaining control over administration through Congressional approval procedures for administrative decisions. In comparison, the fast-track of the National Assembly of Korea was designed to prevent the conflict between the majority and the minority by circumventing the extreme conflicts surrounding the agenda. As a result, despite its name the National Assembly's fast-track is not used as a means of speeding up agenda, but is a means of “delaying” of political confrontation rather than “speeding”. Since the fast-track in US and the National Assembly’s fast-track differ in their intent and purpose, it is hasty to draw defects or improvements by simple comparison. Nevertheless, under the current situation in which both of two purposes the rapid and efficient resolution of the agenda and reasonable reconciliation of conflicts are not fully achieving, the fast-track in US can be a reference case which has important implication in the search for future institutional improvements of the Korean one.