국회법과 국회규칙 - 국회의 내부규율에 대한 입법형식과 관련하여 -

Abstract

Parliament Law regulates on the organization and proceeding in Parliament. Parliament rule is based on Parliament Law. But President can veto the Bill for Parliament rule due to the formality of law. This can violate the principle of separation of powers. The bill will be discarded due to rigidity of quorum for re-vote of Congress. The internal regulations in Parliament can be controled by President. Even though we should prescribe the formality of law for regulation directly affected the outside restraints in the Parliament Law, also consider the formality of rule for internal contents of Parliament. Supreme Court can decide the final determination on the constitutional problem of Parliamentary Rule. And President respects the autonomy of Parliament. In this side, we should regulate Parliamentary Law with the formality of law for regulation affected the external influence and Parliamentary Rule with the formality of rule for the internal rules of Parliament. Namely, Parliament Law and Parliament Rule is sorted. If Parliament Law and Parliament Rule isn’t divided, President can veto the bill with the formality of law, and then we cannot guarantee the autonomy of Parliament. Therefore, we should consider Parliamentary Law for external relationships and Parliamentary Rule for internal self-imposed control.