현행 정부형태의 문제점과 헌법개정에 관한 고찰Review on the Problems of Current Government System and the Constitution Revision
- Other Titles
- Review on the Problems of Current Government System and the Constitution Revision
- Authors
- 이상명
- Issue Date
- 2011
- Publisher
- 한양법학회
- Keywords
- 정부형태; 헌법개정; 분권형 대통령제; 대통령 중임제; 국무총리; Governmental System; Revision of Constitution; Presidential System of Decentralization; Reappointment of president; Prime Minster
- Citation
- 한양법학, no.33, pp.669 - 683
- Journal Title
- 한양법학
- Number
- 33
- Start Page
- 669
- End Page
- 683
- URI
- https://scholarworks.bwise.kr/sch/handle/2021.sw.sch/17298
- ISSN
- 1226-8062
- Abstract
- The discussion on constitution revision regarding government system needs to be reside in the context of constitution theories. It should also satisfy several preconditions such as distinct historical background and citizens' bond of sympathy. The scope of constitution revision is to be carefully reviewed whether revising the whole presidential government system or reforming the parts of system inconsistency is desirable.
The study examined the necessity of the constitution revision, several considerations under the revision and desirable Korean government system. To that extent, the constitution revision for reappointment of the president is suggested. Further, current presidential power needs to be decentralized to the legislature and the local governments so as to maintain check and balance of powers.
Nevertheless, political leader's compliance with the constitution and efforts towards mature political culture are more important than the preferences of government system since all types of system have own strengths and weaknesses.
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