민주주의와 법치주의의 관계, 어떻게 가르칠 것인가? - 사회과 교육과정 및 교과서 내용 분석을 중심으로 -

Abstract

The purpose of this study was to examine how to recognize the relationship between democracy and the rule of law in terms of democratic civic education, and critically examine the descriptive contents of the relationship between the two presented in the elementary and secondary social studies curriculum and textbooks. To achieve the purpose, this study first explored the bilateral relationship from the perspective of the constitution. Through these considerations, this study argued that the two can be understood and presented as two constitutional principles that constitute and operate the nation to protect the freedom and rights of citizens, while interacting dynamically beyond recognizing the two as mutually opposing or complementary relations to get a reasonable civic education. In other words, the democratic element of social contract creates the element of the rule of law, that is, the constitution, and the rule of law restricts democracy by adopting constitutionality which constitutes and operates a nation according to the constitution. The National Assembly, which is constituted and operated according to the constitution, complies with the constitution, and the democracy is manifested under the rule of law by making the legislation by collecting the will of the people in the form of law. The law formed through this process is again the most important and an important element of the rule of law except for the constitution. On the other hand, if these laws violate the parent constitutional law, the Constitutional Court will declare the unconstitutionality of the law to alleviate the problems that democracy can have by the elements of the rule of law. The dissolution of the unconstitutional party also performs the same function. On the other hand, in the case of the public participation trial, the democratic element of citizen participation plays a role of restricting the rule of law.