憲法裁判所와 國會의 關係에 관한 일 考察 - 憲法裁判과 民主主義, 權力分立主義의 調和의 관점에서 -

Abstract

1. Decisions of the Constitutional Court mean many times a kind of political decisions under the guise of judicial decisions. In a sense Decisions of the Constitutional Court mean legislations. 2. ‘Verfassungsgerichtbarkeit’ is a very important institution for guarantee of the Constitutionalism, but there may be troubles between ‘Verfassungsgerichtbarkeit’ and democracy. 3. There have been disputes about Judicial Activism and Judicial Passivism. But for the harmony between ‘Verfassungsgerichtbarkeit’ and democracy, adopting multi-level scrutiny has very important meaning. 4. As the main theoretical foundation for multi-level scrutiny, I think the Political Process Theory of Judicial Review in the U.S. is more persuasive.