정치발전과 헌법재판소의 역할

The Constitution requires that the National Assembly, the legislator, specifically form political systems by making legal reservations. Therefore, if there is a problem with a system, the National Assembly should supplement it through legislation. If the National Assembly fails to fulfill its role adequately, it should be held politically accountable through elections by the people's judgment, and as a result, the newly composed National Assembly should faithfully carry out legislative activities for the people, which is the solution anticipated by the Constitution. However, in reality, the control of the National Assembly by the people is not properly implemented. To solve this problem, it is worth discussing the constitutional trial as another way to bring about a batting change in the National Assembly. Through a constitutional review institution, the effect of the legal regulations containing the problematic system is invalidated, and the National Assembly is forced to conduct legislative activities that can implement the nature and purpose of the system. This is the content of a de facto rule of law that binds legislators to realize the values of the Constitution and actively utilizes the Constitutional Court, which is also a characteristic of the modern Constitution, stemming from the need to check the National Assembly. In the existing Constitutional Court precedents regarding the National Assembly's legislative activities and related institutions, the Constitutional Court has largely remained passive in its judgments, failing to show the expected impact in changing the status quo. Constitutional review institution is the action of standardizing political life by bringing it into the legal realm. Therefore, the Constitutional Court should function as a strong brake on the post-constitutional tendency of politics to deviate from the normative boundaries of the Constitution, and at the same time perform a power control function to monitor and check the exercise of governance so that it can always be in harmony with the constitutional value order. The Constitutional Court, which actually conducts constitutional review institution, has a limitation that it can only be operated when a specific case is requested, but it is required to faithfully play the role of functional power control in specific cases.