정당 내부 질서의 법적 규제
The Legal Regulation of the Political Party's Internal Structure
0
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
Democracy is built on the principle of competition. So meaningful elections can only take place when voters are given a choice between policies, programs, and candidates. Political parties provide this choice by aggregating interests, nominating candidates, mobilizing the electorate, managing campaigns, and organizing the government. Parties out of power play an equally important role. They keep the ruling party honest by scrutinizing its policies, auditing its behavior, demanding transparency, insisting on accountability, and advancing an alternative agenda, all in the interest of responsible party government. To fulfill these functions, the political parties must have democratic internal structures as well as democratic goals and activities. Viewed in this light, we should regulate parties that have undemocratic internal structures. But considering the value of party’s autonomy and pluralistic party system, there is a limit in imposing on political parties a legal duty to democratize their internal structures. Therefore, we must interpret democracy narrowly with regard to the political party's internal democracy. Particularly in cases of party dissolution, the courts should demand on parties only the cores of internal democracy, such as equal voting rights and free speech for members of party, open and periodical elections for party leaders, Party's administration in a transparent way.
Abstract
Democracy is built on the principle of competition. So meaningful elections can only take place when voters are given a choice between policies, programs, and candidates. Political parties provide this choice by aggregating interests, nominating candidates, mobilizing the electorate, managing campaigns, and organizing the government. Parties out of power play an equally important role. They keep the ruling party honest by scrutinizing its policies, auditing its behavior, demanding transparency, insisting on accountability, and advancing an alternative agenda, all in the interest of responsible party government. To fulfill these functions, the political parties must have democratic internal structures as well as democratic goals and activities. Viewed in this light, we should regulate parties that have undemocratic internal structures. But considering the value of party’s autonomy and pluralistic party system, there is a limit in imposing on political parties a legal duty to democratize their internal structures. Therefore, we must interpret democracy narrowly with regard to the political party's internal democracy. Particularly in cases of party dissolution, the courts should demand on parties only the cores of internal democracy, such as equal voting rights and free speech for members of party, open and periodical elections for party leaders, Party's administration in a transparent way.
참고문헌 (24)
- 강승식, "미국헌법학강의" (2007), 궁리출판사
- 권영호, "독일정당의 내부질서에 관한 연구", 토지공법연구, 16(1) (2002)
- 방승주, "권력구조의 민주화와 정당-야당기능의 활성화와 당내민주주의를 중심으로-", 헌법학연구, 8(2) (2002), 한국헌법학회
- 장영수, "정당의 헌법적 기능과 당내민주주의", 공법연구, 25(3) (1995), 한국공법학회
- 정만희, "헌법과 통치구조" (2003), 법문사
- 콘라드 헷세, "통일 독일헌법원론(제20판)" (2001), 박영사
- Avnon, Dan, "Parties Laws in Democratic Systems of Government", The Journal of Legal Studies, 283 (1995)
- Beyme, Klaus Von, "Political Parties in Western Democracies" (1985), St. Martin’s Press
- Black, Benjamin D, "Developments In The State Regulation Of Major And Minor Political Parties", 82 Cornell Law Review, 109 (1996)
- Duverger, Maurice trans, "Political parties: Their organization and activity in the modern state" (1972), Harper & Row
- Esplugas, Pierre, "L'intrediction des partis politiques", Francaise De Droit Constitutionnel, (675) (1998)
- Gardner, James A, "Can Party Politics be Virtuous? Symposium: Law and Political Parties", 100 Columbia Law Review, (667) (2000)
- Gunther, Richard, "Political Parties and Democracy" (2001), Johns Hopkins University Press
- Hazan,Reuven Y, "Elections and Cleavages" (2000), Frank Cass Publishers
- Holocombe, G, "Political Parties And Legislative Principal-Agent Relationship", Journal of Institutional and Theoretical Economics, (669) (1989)
- Issacharoff, Samuel, "Politics As Markets: Partisan Lockups of Democratic Process", Stanford Law Review, (643) (1998)
- Kirchhof, Paul, "Germany and It's Basic Law, Nomos" (2000), Cambridge University Press
- Koelble, Thomas A, "Economic Theories Of Organization And Politics Of Institutional Design In Political Parties", Party Politics, (251) (1996)
- Kommers, Donald P, "The Constitutional Jurisprudence of The Federal Republic of Germany(2d ed.)" (1997), Duke University Press
- Muddle, Cas, "The Paradox Of The Anti-Party Party", Party Politics, (265) (1996)
- Robbers, Gerhard, "Encyclopedia of World Constitutions(Vol. Ⅰ, Ⅱ, Ⅲ), Facts on File", ~ (2007)
- Rosenblum. Nancy L, ""Extremism" And Anti Extremism In American Party Politics", Journal of Contemporary Legal Issues, (843) (2002)
- Sartori, Giovanni, "Parties and Party Systems" (1976), Cambridge University Press
- Yanai, Nathan, "Why Do Political Parties Survive", Party Politics, (5) (1999)