우리나라 헌법의 제정과정과 특징

Abstract

It is not easy to generalize the making process of constitution. Because the making process of constitution are different according to the political environment etc. at that time. But according to the principle of sovereignty of the people, the opinions of the people are reflected in the making process of constitution in any way. The making process of constitution from 1919 to 1948 have some characteristics. The first, the Assembly from 1919 to 1948 in the making process of constitution was constitutional assembly or legislature. The second, the making process of constitution was progressed in three way: the making process of constitution was progressed ⓐ as custom, ⓑ as simple regulation,ⓒ as parliament act or regulation. The third, the most making process of constitution were progressed in reading system such as law-making process. Reading system was used through the custom or legislation from 1919 to 1948. The fourth, the opinions of the people were reflected in the making process of constitution from 1919 to 1948. But the degrees of influence were different as follows: Constitution established by the National Assembly in 1948〉Constitution established by the South Korean Interim Legislative Assembly in 1947〉Constitution established by the Emergency National Assembly in 1946≧Constitution established by the Korean Representative Democratic Council of South Korea in 1946〉Constitution established by the Provisional Assembly in 1919. The fifth, the Constitution of 1948 was made as follows: establishment of constitutional assembly→establishment of constitution-making committee→drafting the constitution in the constitution-making committee→deliberation in the assembly plenary session→promulgation of constitution in the assembly. Finally, constitution was made through compromise or constitution makers drafted a constitution after rough outline. The tradition of constitutionalism in the Provisional Government of the Republic of Korea had an effect on the National Assembly of the Republic of Korea through the process as follows: Provisional Assembly of 1919→Emergency National Assembly of 1946→Korean Representative Democratic Council of South Korea of 1946→South Korean Interim Legislative Assembly of 1947→National Assembly of 1948.