실정헌법과 일반행정법 체계 ― 규범과 법리의 상호 형성ㆍ적용을 중심으로 ―

With the progress of constitutional democracy and the widespread social acceptance of constitutional values, the positive constitutional system has gained the status of the default in the implementation of the rule of law. Therefore, it is necessary to revisit the functional interconnection between the constitutional order premised on the positive constitution and the administrative law system in order to develop the administrative law system and consolidate the democratic constitutional order in the public sphere. Based on the premise that positive constitution and administrative law systems interact and influence each other in various ways, this article examines several issues that require cross-referencing between constitutional and administrative law on the judicial review of norms and legal dimensions of the constitutional test of norms, and the control and legal protection of certain rights. First, it examines how the institutional design of the positive constitutional system affects the general administrative law system. The separation of powers established by the positive constitution is the premise of the administrative law system, but it is also affected by the independent operation of the administrative law system. The supremacy of the constitution, legal reservations, and the legitimacy of administrative regulation are decisively influenced by the design of the positive constitution on the normative hierarchy. Nonetheless, the status of the positive constitution can be relativized by constitutional amendments or the legal justification inherent in the general theory of administrative law. Second, it examines how the constitutional value order represented by fundamental rights is embodied in the design of judicial review of the administration. It is necessary to examine how constitutional and administrative courts divide their roles in the judicial review of administrative activities, especially in the form of administrative regulation and factual acts, and to what extent the unwritten rules of court, such as the principle of proportionality, applied in constitutional and administrative law, have their distinctiveness and mutual influence in constitutional and administrative courts. Third, it is necessary to consider how The General Act on Public Administration, which is evaluated as an attempt to codify the general administrative law system, will establish its position under the task of materializing the Constitution and ensuring the dynamism of general administrative law system. This is also an important issue in the establishment of the jurisprudence of the Constitution and administrative law.