사회변화와 헌법변화 - 그 시론적 연구 -

Abstract

In the study of change of constitutional law, first of all, the concept of ‘change of constitutional law’ must be dealt with. Clearly, the formal revision of constitutional law must be the example of the constitutional law resulting from social change. In addition to the formal revision, it is necessary to consider whether the constitutional interpretation or constitutional application by the constitutional court without formal change of constitutional revision should be included or not. In this study, I examined constitutional law changes based on broad definition of the constitutional change in Korea. Recently, in Korea, there has been active discussion on the constitutional revision and the constitutional court has played an important role for constitutional interpretation and application as well. I generally overviewed the meaning and methodology of constitutional change and I analyzed important cases of constitutional courts cases representing social change in Korea. For example, ‘Relocation of the Capital City Case which recognized the constitutional custom that has traditionally existed since even prior to the establishment of our written Constitution’, ‘Case on the House Head System which emphasized the democratic family relationship instead of male authoritative one will be analyzed. Since there has been scanty research on the topic, the social transformation and constitutional change, despite the accumulation of constitutional cases representing social changes during recent years, I expect this study as an exploratory discussion can stimulate research on this important topic in terms of both theory and practice.