지방자치 환경변화에 따른 자치입법 강화의 쟁점과 과제 - 지방자치법 전부개정과 특별자치도의 자치입법권 확대를 중심으로 -

Abstract

Although the local government's self-governing legislative power is a core and essential part of local autonomy, the conservative interpretation of the principle of legal supremacy and the principle of reservation of law inevitably diminishes the local self-governing legislative power. The legitimacy that self-governing legislative power should be expanded can be recognized for the following reasons. According to the interpretation of Article 117, Paragraph 1 of the Constitution, self-government affairs, an essential element of local autonomy, must be fully guaranteed; The point is that the meaning of 'full authority' can be saved only when local governments are able to regulate invasive nature. Due to the entire revision of the 「Local Autonomy Act」, changes in the conditions for strengthening self-governing legislative power can be divided into qualitative and quantitative aspects. The change in qualitative conditions is that the quality of ordinances can be improved by supplementing expertise through the introduction of the policy support professional manpower system. The establishment of special local governments can be expected to quantitatively expand self-governing legislative power in that the state's affairs can be transferred to special local governments and ordinances can be enacted. In terms of changes in the local autonomy environment, additional launches of special self-governing provinces can be cited. In addition to Jeju Special Self-Governing Province and Sejong Special Self-Governing City, Gangwon Special Self-Governing Province and Jeonbuk Special Self-Governing Province were established. Considering the purpose of realizing strong decentralization, the establishment of a support committee, and the strengthened audit system, these special self-governing provinces have the quantitative power of autonomous legislative power. Expansion can be expected. The environment of local autonomy is changing, and in order for the process of this change to lead to the development of local autonomy, we must once again recall the criteria for appropriately allocating the roles of the state and local government, We must constantly seek ways to expand and guarantee self-governing legislative powers based on the grand principle.