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KERD
논문KCI 등재

GCC 국가 헌법 통치구조의 비교법적 고찰

A study on the Governmental Structure of the GCC Country's Constitutions with the perspective of comparative law

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When governmental structure of GCC countries are observed, position of legislative authority in GCC countries can be evaluated as relatively higher-marked level than executive, and judiciary authority(except King). And separation of power in the GCC Constitutions can make a positive assessment(under condition except analysis about real operating status). Because, with traditional principle of separation of power, they lay emphasis on consensus through dialogue and discussion between legislative, executive, and judiciary authority. In the Constitution of GCC countries, the expressions like Arab State, Arab Nation, Arab nationalism, special provisions for a family, the maintenance of moral and spiritual protection, Sharia as a source of legislation, Islam as a state religion, the Arabic as official language are found most commonly. These could be good sprout for ‘cultural studies as a Constitutional theory'.

Abstract

When governmental structure of GCC countries are observed, position of legislative authority in GCC countries can be evaluated as relatively higher-marked level than executive, and judiciary authority(except King). And separation of power in the GCC Constitutions can make a positive assessment(under condition except analysis about real operating status). Because, with traditional principle of separation of power, they lay emphasis on consensus through dialogue and discussion between legislative, executive, and judiciary authority. In the Constitution of GCC countries, the expressions like Arab State, Arab Nation, Arab nationalism, special provisions for a family, the maintenance of moral and spiritual protection, Sharia as a source of legislation, Islam as a state religion, the Arabic as official language are found most commonly. These could be good sprout for ‘cultural studies as a Constitutional theory'.

참고문헌 (9)

  1. 김철수, "헌법학(상)" (2008), 박영사
  2. 전광석, "한국헌법론" (2009), 법문사
  3. 허 영, "헌법이론과 헌법" (2010), 박영사
  4. 콘라트 츠바이게르트, "比較私法制度論" (1991), 대광문화사
  5. 박규환, "이슬람법질서의 공법적 구조분석* - 샤리아법과 헌법 그리고 국가조직법", 공법학연구, 10(3), pp.147~171 (2009), 한국비교공법학회
  6. Nagel,Tilman, "Das islamische Recht: eine Einführung" (2001), WVA-Verlag
  7. Pylee,M.V, "Constitutions of the World, 3rd. Edi. vol. 1, 2" (2006), Universal Law Publishing
  8. Loewenstein,Karl, "Verfassungslehre 4. Aufl" (2000), Mohr Siebeck

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