헌법상 재정의회주의의 규범내용

Finance democracy signifies the National Assembly has a right in regard with national finance. Constitution prescribes these rights of the National Assembly over it such as a principle of no taxation without law: types and rates of taxes determined by Act (Article 59), deliberation and decision on the budget bill (Article 54), deliberation and decision on a supplementary revised budget bill (Article 56), the approval of continuing disbursements and a reserved fund (Article 55), the concurrence of national bonds (the first half of Article 58), the concurrence of contracts able to incur financial obligations on the State (the second half of Article 58), the right to consent to the conclusion and ratification of treaties which will burden the State with financial obligation (the 1st paragraph of Article 60), and the right to inspect the closing of accounts of revenues and expenditures and the right to approve the urgent financial and economic actions by President (the 3rd paragraph of Article 76). The National Assembly as the representative of the people secures democracy with regard to the burden of the people in preparation of the national finance and also executes a rational control of the government’s financial expenditures through these rights concerning national finance in constitution. Taxes themselves premise the infringement of the property rights of individuals of the people since the subject of governmental power such as the central government or local governments impose and collect taxes by force against the people without a benefit in return in execution of right to impose taxes for the supply of finance. Accordingly, it is the principle of no taxation without law that means taxes must be imposed by Act enacted by the National Assembly as the representative of the people. The thing is that when the government increases expenditures excessively in an economic situation which the national financial income is not stretching, it may be eventually connected to an excessive imposition of taxes to the people. In that case, the principle mentioned above can be used as a legitimate device for the imposition of taxes. The National Assembly must restrain an increase of the burden of taxes strictly. The National Assembly has the right to deliberate and decide on the budget bill and the right to inspect the closing of accounts. It executes restrictions against the government through these rights. However, there is a limitation in the examination on the validity of the budget and the analysis of the business performance in the closing accounts due to a time limit of the review period. The National Assembly must supervise and control the budget made of the people’s taxes to be used in the right place without squander as it closely reviews the analysis of the validity and the business performance when conducting deliberation and decision on the budget bill and in review of the closing accounts instead of attaching weight to the formality. Today, an increase of nation debit has been problematic throughout all countries in the world. The National Assembly must prepare a method in which it determines the national debt limit with legislation that it may not go beyond the limit. The National Debt Limit system in the German basic law can be a reference.