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법과 통화정책 - 어느 실무가의 메모

A Practitioner's Note on Law and Monetary Policy

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The pursuit of central banking can be in harmony with the goals of law. Legal perspectives in central banking derive their rationale and significance from the closely related nature of these two areas. In recent years, there has come a practical recognition that central banking requires an interdisciplinary approach; modern monetary policy has become a task requiring the contemplation from an overall perspective of economic, socio-political, human, and other such factors; central bank policy-makers are faced more seriously than ever before with the issue of the institutional framework. Markets are crucially underpinned both by the monetary system and by the legal system which are represented by the central bank and the supreme court, respectively. In effect, a cross study of institutional arrangements could be addressed with respect to comparative perspectives. American institutions possess more goal independence than European institutions in that they have greater discretion to act between multiple conflicting pursuits. The American model and the European model both have their particular pros and cons, in terms of democracy, efficiency, independence, accountability, transparency, and politicization, leaving room for compromise among these diverse values, particularly with regard to the institutional design. Approaches to central banking and law may be concerned with three essential and ultimate consequences of central banking: monetary policy objectives, monetary policy instrumentalities, and central bank governance. From these concerns implications can be derived for the institutional design.

Abstract

The pursuit of central banking can be in harmony with the goals of law. Legal perspectives in central banking derive their rationale and significance from the closely related nature of these two areas. In recent years, there has come a practical recognition that central banking requires an interdisciplinary approach; modern monetary policy has become a task requiring the contemplation from an overall perspective of economic, socio-political, human, and other such factors; central bank policy-makers are faced more seriously than ever before with the issue of the institutional framework. Markets are crucially underpinned both by the monetary system and by the legal system which are represented by the central bank and the supreme court, respectively. In effect, a cross study of institutional arrangements could be addressed with respect to comparative perspectives. American institutions possess more goal independence than European institutions in that they have greater discretion to act between multiple conflicting pursuits. The American model and the European model both have their particular pros and cons, in terms of democracy, efficiency, independence, accountability, transparency, and politicization, leaving room for compromise among these diverse values, particularly with regard to the institutional design. Approaches to central banking and law may be concerned with three essential and ultimate consequences of central banking: monetary policy objectives, monetary policy instrumentalities, and central bank governance. From these concerns implications can be derived for the institutional design.

참고문헌 (41)

  1. Andrew Rehfeld, "The Concept of Constituency - Political Representation, Democratic Legitimacy, and Institutional Design" (2005), Cambridge University Press
  2. Brian A. Blum, "CONTRACTS Cases, Discussions, and Problems" (2003), ASPEN PUBLISHERS
  3. C. Zilioli, "The Law of the European" (2001), Central Bank
  4. David M. Jones, "Unlocking the Secrets of the Fed" (2002), John Wiley & Sons, Inc
  5. Douglass C., "North, Understanding the Process of Economic Change" (2005), Princeton University Press
  6. Ernest Gellhorn, "Administrative Law and Process, 5th ed", pp.2006, Thomson
  7. Erwin Chemerinsky, "Constitutional Law, 2nd ed" (2005), Aspen Publishers
  8. European Central Bank, "The Monetary Policy of the ECB" (2004)
  9. European Central Bank, "Legal Aspects of the European System of Central Banks" (2005)
  10. F. A. Mann, "Legal Aspects of Money" (1982)
  11. Frederic S. Mishkin, "The Economics of Money, Banking, and Financial Markets, 6th ed" (2001), Addison Wesley
  12. Frederic S. Mishkin, "Financial Markets and Institutions" (2000), Addison Wesley Longman
  13. John N. Drobak, "Norms and the Law" (2006), Cambridge University Press
  14. Keith S. Rosenn, "Law and Inflation" (1982)
  15. Kenneth C. Davis, "ADMINISTRATIVE LAW TREATISE, 3rd ed" (1994)
  16. Michael Asimow, "State and Federal Administrative Law, 2nd ed" (1998), West Group
  17. Monetary Policy Department of the Bank o, "Monetary Policy in Korea" (2001)
  18. Ralph H. Folsom, "International Business Transactions. in: Chap.31. Special Problems: Currency Controls, C. Actions Which Affect the Value of a Currency" (2002)
  19. Victor A. Canto, "Monetary Policy, Taxation, and International Investment Strategy" (1990), Part One. Monetary Policy
  20. "ABA Section of Administrative Law and Regulatory Practice, A Blackletter Statement of Federal Administrative Law, 54 Admin. L. Rev. 1", ~ (2002)
  21. Alan Greenspan, "Transparency in Monetary Policy, Economic Policy Conference" (2001), Federal Reserve Bank of St. Louis
  22. Carl E. Walsh, "Accountability, Transparency and Inflation Targeting" (2002)
  23. Carl E. Walsh, "Optimal Contracts for Central Bankers", The American Economic Review, 85(1) (1995)
  24. Charles, "Allen Meade, Central Banks and Supreme Courts" (2004), London School of Economics
  25. Fausto de Andrade Ribeiro, "Central Bank: Independence, Governance and Accountability" (2002), The George Washington University
  26. Finn Kydland, "Rules Rather Than Discretion: The Inconsistency of Optimal Plans", Journal of Political Economy, 85 (1977)
  27. Frederic S., "Mishkin, What Should Central Banks Do?" (2000), Federal Reserve Bank of St. Louis Review
  28. Geoffrey P. Miller, "An Interest-Group Theory of Central Bank Independence", The Journal of Legal Studies (1998), The University of Chicago
  29. Geoffrey P. Miller, "The Decline of The Nation State and its Effect on Constitutional and International Economic Law: Contribution: The Role of a Central Bank in a Bubble Economy" (1996), Cardozo Law Review
  30. Geoffrey P. Miller, "Central Bank Independence: the Economic Foundations, the Constitutional Implications, and Democratic Accountability" (2000), Kluwer Academic Press
  31. John O. Haley, "Law and Culture in China and Japan: A Framework for Analysis, 27 Mich. J. Int’l L 895", 896~904 (2006)
  32. John O. Haley, "What is Law?, Comparative Law Class Handout One" (2007), University School of Law, St. Louis
  33. Juscelino F. Colares, "Formal Legal Theory and The Surrender of Political Control over Monetary Policy: What can Ulysses’ Journey to Ithaca Teach Argentina about Appropriate Legal Form?," (2003), Cornell International Law Journal
  34. Laurence H. Meyer, "The Politics of Monetary Policy: Balancing Independence and Accountability" (2000), BIS Review
  35. Martin Marcussen, "The Fifth Age of Central Banking in the Global Economy", The Conference “Frontiers of Regulation,” University of Bath, pp.7~8 (2006)
  36. Roger W., "Transparency, Independence, and Accountability" (2001), National Economists Club and Society of Government Economists
  37. Seth B. Carpenter, "Transparency and Monetary Policy: What Does the Academic Literature Tell Policymakers?" (2004), The Board of Governors of the Federal Reserve System
  38. Simeon Djankov, "Florencio Lopez-de-Silanes, Andrei Shleifer, The New Comparative Economics" (2003), Journal of Comparative Economics
  39. Stephen G. Cecchetti, "Central Bank Structure, Policy Efficiency and Macroeconomic Performance: Exploring Empirical Relationships", Federal Reserve Bank of St. Louis Review, 84(4) (2002)
  40. Susan M. Phillips, "International Banking Activities: The Role of the Federal Reserve Bank in Domestic Capital Markets", Fordham International Law Journal (1998)
  41. William Poole, "Institutions for Stable Prices: How to design an Optimal Central Bank Law", First Conference of the Monetary Stability Foundation (2002)

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