조례에 대한 입법평가제도 도입가능성

Abstract

Recently the discussion about legislation-evaluation system is actively developed. The legislation evaluation system contributes to the security on the actual compatibility of law. The law is various. But because composing the system, how to evaluate the legal system which is various is being put in core of discussion. This situation relates with national system closely. Our country is the single nation and aims to the decentralized nation. Specially, The actualized decentralization at latter half of 1990's brings about a huge change in the normative system. Of course so far the discussion about scope and limit of the authority which establishes municipal ordinance is confined normative frame that is "inside scope of law". But in future, if the local self-governing which is genuine is come true, the norm power of municipal ordinance will come to be similar with the norm power of law. From like this viewpoint, in the discussion about introduction of legislation evaluation system, there is meaning that the introduction for the legislation-evaluation system about the municipal ordinance considers with precedence. This paper investigated the concept and a type of the legislation evaluation generally. And Specially the object of evaluation divides the law and municipal ordinance from the viewpoint on the inside single legal system but becomes independent relatively. And with the investigation on the possibilities and preconditions where the legislation evaluation to the municipal ordinance will be introduced institutionally, I will propose the fundamental problems about the introduction for the legislation-evaluation system about the municipal ordinance.