입법자의 입법형성권의 내용과 한계

Abstract

“Legislative Formation Power” is lawmakers's freedom of choice following their rationality, when they make law, which contents are regulated. The rationality means the most teleologicalist regulation among the several possibility of regulations. However, there is limitations of legislative formation power. First, as substantive limits, it can be divided into constitutional principle and constitutional contents. In nest thing, as procedural limits, it can be classified into constitution and the national assembly law and congressional autonomy. Legislative formation power of lawmakers must to be respected and be controled by other national agencies. There are 4 sections to be respected and be controled. First, Legislative formation power of lawmakers is respected by constitutional court on variant decisions such as decision incompatible with the constitution. Second, in judging standard of rights of equality “principle of the prohibition of one's own will”, legislative formation power of lawmakers is largely accepted. Third, when the lawmakers make not the law, relating the duty of legislation, constitutional court can notify their duty of legislation to them. Fourth, as regards intensity of control of constitutional court, legislative acts are diversely controled.