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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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