본문 바로가기
KERD
논문KCI 등재

‘1962년 헌법’의 준비과정에서의 미국헌법에 관한 논의-미국헌법의 계수에 대한 실증적 평가-

Comments on the U.S. Constitution in Preparing the Constitution of Korea of 1962-A Positive Evaluation on the Reception of American Constitution-

0

조회

0

다운로드

1

인용

0

참고문헌

키워드

주제분류법학

초록

In spite of a short constitutional history, there has been a tremendous development in the contents and management of the Constitution of Korea. Especially, it seems that the reception of constitutions of other countries has boosted this development. The reception of constitutions was affirmatively and swiftly performed when a social change was made by a small group whose political power was not guaranteed by people’s will. It was because this group emergently needed a legal justification for a social change and its political power and because there was usually not a sufficient time for making constitution according to people’s will. Usually, scholars aver that one of the most important examples of this kind of reception of constitution in Korea is the Constitution of Korea of 1962. It has been commonly accepted that the U.S. Constitution made a great effect on the Constitution of Korea of 1962 in the aspects of its contents and application. However, a positive analysis of comments on the U.S. Constitution in preparing the Constitution of Korea of 1962 shows that there are not sufficient evidences that clearly verify the direct effect of the U.S. Constitution on the Korea Constitution of 1962. For example, it is extremely difficult to find a clear link between the basic rights provisions in 1962 Korea Constitution and those of the U.S. Constitution.

Abstract

In spite of a short constitutional history, there has been a tremendous development in the contents and management of the Constitution of Korea. Especially, it seems that the reception of constitutions of other countries has boosted this development. The reception of constitutions was affirmatively and swiftly performed when a social change was made by a small group whose political power was not guaranteed by people’s will. It was because this group emergently needed a legal justification for a social change and its political power and because there was usually not a sufficient time for making constitution according to people’s will. Usually, scholars aver that one of the most important examples of this kind of reception of constitution in Korea is the Constitution of Korea of 1962. It has been commonly accepted that the U.S. Constitution made a great effect on the Constitution of Korea of 1962 in the aspects of its contents and application. However, a positive analysis of comments on the U.S. Constitution in preparing the Constitution of Korea of 1962 shows that there are not sufficient evidences that clearly verify the direct effect of the U.S. Constitution on the Korea Constitution of 1962. For example, it is extremely difficult to find a clear link between the basic rights provisions in 1962 Korea Constitution and those of the U.S. Constitution.

참고문헌 (24)

  1. 김철수, "비교헌법론(上)" (1980), 박영사
  2. 김철수, "입법자료교재 헌법" (1980), 박영사
  3. 김철수, "위헌법률심사제도론" (1983), 학연사
  4. 김철수, "한국헌법사" (1989), 대학출판사
  5. 문홍주, "한국헌법" (1963), 법문사
  6. 문홍주, "기본적 인권연구" (1965), 법문사
  7. 문홍주, "한국헌법" (1978), 해암사
  8. 한태연, "헌법" (1964), 법문사
  9. 한태연, "한국헌법사(下)" (1991), 한국정신문화연구원
  10. 대한민국국회, "헌법개정심의록 제1편", ~ (1967)
  11. 대한민국국회, "헌법개정심의록 제2편", ~ (1967)
  12. 대한민국국회, "헌법개정심의록 제3편", ~ (1967)
  13. 김운용, "사법심사. in: 미국헌법과 한국헌법" (1989), 대학출판사
  14. 김효전, "미국의 위헌법률심사제가 한국에 미친 영향. in: 미국헌법과 한국헌법" (1989), 대학출판사
  15. 안경환, "수출상품으로서의 미국헌법. in: 현대공법학의 과제, 청담 최송화교수 화갑기념논문집" (2002), 박영사
  16. 양건, "표현의 자유. in: 미국헌법과 한국헌법" (1989), 대학출판사
  17. 이상돈, "미국의 헌법제도가 우리나라의 헌법발전에 미친 영향", 공법연구, 14 (1986)
  18. 이상돈, "대통령제. in: 미국헌법과 한국헌법" (1989), 대학출판사
  19. 이재명, "미국헌법상 기본권보장과 한국헌법에 미친 영향", 헌법학연구, 3 (1997)
  20. 이종상, "미국대통령제의 한국헌법에의 수용", 미국헌법연구, (2) (1991)
  21. 한상범, "한국헌법과 영미법의 영향", 고시계, (310) (1982)
  22. Kyong Whan Ahn, "Influence of American Constitutionalism", Southern Illinois University Law Journal, 22 (1987)
  23. Kyu Ho Yuom, "Press Freedom and Judicial Review in South Korea", STAN. J. Int’L., 30 (1986)
  24. Lawrence W. Beer, "The Influence of United States Constitutionalism in Asia", 공법연구, 15 (1987)

관련 논문AI추천

이 간행물의 다른 논문 (6건)