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입법과 사법에 대한 공공선택이론적 분석Public Choice Analysis on Legislation and Decision of Judiciary

Other Titles
Public Choice Analysis on Legislation and Decision of Judiciary
Authors
고문현
Issue Date
May-2011
Publisher
한국외국어대학교 법학연구소
Keywords
Public Choice Theory; Compulsory; System Hiring a Lawyer in Filing a Constitutional Appeal; Relocation of New Administrative Capital; Public Interest; Pursuit of Self-Interest; 공공선택이론; 신행정수도의 이전; 공공의 이익; 사익 추구; 강제주의; 헌법소원 제기에서의 변호사 선임; Public Choice Theory; Compulsory; System Hiring a Lawyer in Filing a Constitutional Appeal; Relocation of New Administrative Capital; Public Interest; Pursuit of Self-Interest
Citation
외법논집, v.35, no.2, pp.235 - 248
Journal Title
외법논집
Volume
35
Number
2
Start Page
235
End Page
248
URI
http://scholarworks.bwise.kr/ssu/handle/2018.sw.ssu/14137
DOI
10.17257/hufslr.2011.35.2.235
ISSN
1226-0886
Abstract
Public Choice Theory is directed toward the study of politics based on economic principles. While members of the National Assembly and Judges are supposed to work in the public interest as efficiently, effectively and fairly as possible, public choice theorists see them as self- interested utility-maximizers, motivated by such factors as: "salary, prerequisites of the office, public reputation, power, patronage etc.". Public Choice Theory is actually more general than just politics in that Public Choice Theory can explain true aspect of legislation and decision of the judiciary very well. In this paper, this writer aims to create an atmosphere for members of the National Assembly and Judges to work in the public interest by analysing some laws of the National Assembly and decision of Korean Constitutional Court on compulsory system hiring a lawyer in filing a constitutional appeal on a Public Choice Theory basis. This essay is composed five chapters. The first chapter is introduction of this essay. The second chapter is outline of Public Choice Theory. The third chapter is Public Choice Theory surrounding the Relocation of New Administrative Capital. The fourth chapter is Public Choice Analysis surrounding the decision of Korean Constitutional Court on compulsory system hiring a lawyer in filing a constitutional appeal. The fifth chapter is conclusion of this essay.
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