최근 프랑스 공법 연구의 성과와 프랑스 헌법상 권력구조에 대한 이해

To understand a power structure that combines presidential elements with a parliamentary system, such as the French constitution, we must grasp the distinct objectives that each of these seemingly disparate components seeks to achieve. It is not easy to properly understand the power structure of the French constitution without knowing what functions each element serves in a given situation, what political circumstances make those functions possible, and how the people and state organs perceive those political situations. Compared to the Constitution of the Fourth Republic, the current French Constitution of the Fifth Republic grants much more proactive, substantive, and superior authority to the President. However, it is also true that a convention has been established in which the President voluntarily restrains the exercise of such authority in situations where they do not have the support of the parliamentary majority. Therefore, an understanding and study of these points ia an important factors in comprehending the power structure and functioning of the French constitution. After all, to understand the power structure of the French constitution, an analysis and understanding of constitutional practices as a de facto constitutional reality must be carried out alongside an understanding of constitutional norms(constitution, laws, decrees, etc.). In the case of Korea, there is great interest in the power structure of the French constitution, specifically the system for the sharing of executive power, in order to decentralize the power currently concentrated in the presidency. Only with a substantive understanding of the aforementioned points can we find helpful alternatives within the French constitution for our own constitution and constitutional government