양심의 자유의 제한과 그 한계
The Restriction of the Freedom of Conscience and Its Limitation
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The defining characteristic of the freedom of conscience in a democratic society is the freedom to have, hold and act upon(or not) one's conscientiously-held beliefs. It should be noted that an emphasis on individual conscience and individual judgement lies at the heart of a democratic political tradition. The ability of each citizen to make free and informed decisions is the absolute prerequisite for the legitimacy, acceptability, and efficacy of the system of self-government. Also, the rights associated with the freedom of individual conscience have much to do with human worth and dignity. The freedom of conscience is individual in its nature. In other words, it does not have a public component on it's own. Although it may inform debate on issues of the public good, but nothing more. The role it plays in a free nation is very essential, because it is the bases of various freedom in the Constitution, such as the freedom of religion, arts and sciences. It cannot be given or taken away. But whether any given activity is within an open-ended the freedom of conscience's guarantee, it must undergo a process of restriction. Through this process, its scope and content is constructed. In this Process, there are some individual criterions, such as the method and aim of the exercise of conscience and a administrative burden. I think that these criterions are an useful guideline when the judiciary deals with cases of the freedom of conscience.
Abstract
The defining characteristic of the freedom of conscience in a democratic society is the freedom to have, hold and act upon(or not) one's conscientiously-held beliefs. It should be noted that an emphasis on individual conscience and individual judgement lies at the heart of a democratic political tradition. The ability of each citizen to make free and informed decisions is the absolute prerequisite for the legitimacy, acceptability, and efficacy of the system of self-government. Also, the rights associated with the freedom of individual conscience have much to do with human worth and dignity. The freedom of conscience is individual in its nature. In other words, it does not have a public component on it's own. Although it may inform debate on issues of the public good, but nothing more. The role it plays in a free nation is very essential, because it is the bases of various freedom in the Constitution, such as the freedom of religion, arts and sciences. It cannot be given or taken away. But whether any given activity is within an open-ended the freedom of conscience's guarantee, it must undergo a process of restriction. Through this process, its scope and content is constructed. In this Process, there are some individual criterions, such as the method and aim of the exercise of conscience and a administrative burden. I think that these criterions are an useful guideline when the judiciary deals with cases of the freedom of conscience.
참고문헌 (19)
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