분권헌법으로의 전환을 위한 개헌과제- 지방의회민주주의 강화를 위한 과제 -

Abstract

Local government is political and executive community and a space to sovereignty realization although little scale. so, it must be assured by law and system to keep existing and content. We understood that constitutional security of local government system is institutional security. it contains the security of right independence, the security of objective law and system, the security of existing and durability. This security is from Carl Schmidt, is interpreted passive purpose to protect an intrinsic property of local government system from legal violation. After all, local government system is ended in not constitutional system but legal system. It has no consideration for difference between korean history and german to understanding means of constitutional security of local government system from institutional security. So we reexamine this theory whether it can be foundation of our constitution interpretation. And it must consider that our constitution totally regulate local government system unlike german, based the autonomous right focused local government. So our local government system is based constitutional standard directly. It is understanded that independent system structure not colliding different constitutional spheres. Considering that, it must enacted that distribution to authority and finance between the local government agnes and the central government. It is must enacted in constitution that basic data to kind of local government ageny and entrusted legislator with applied possibility to other matter. ‘Supplement principle’, one of basic principles, can also be offered very useful guide to work distribution between the local government ageny and the central government, the local government. It also must needed constitutional basis resident recall that decisive deference from residents Participation under counting that modification of representative democracy and direct democracy through the constitution and interpretation The existing constitution is rule to previous local government time, so solve practical matters from extend interpretation to constitution. it makes difficult problems on this account. It is starting point to constitutional reform related provisions to local government. But previous discuss is not fundamental solution for local government system. We must enact constitution concretely to local government system to solve many problems to local government system and assure fundamental status. This can be realize more practical sovereign power and correct local government system.