헌법상 비례성 원칙

Abstract

In France today, the Constitutional Court is required to play a certain role in the suppression of other powers through a review of the constitutionality of the law. This has the effect of suppressing administrative power not only for the legislative power in charge of legislation but also for the fact that the submission of legislation is mainly made by the government. The separation of power is said to be a necessity for the guarantee of human rights, but it is meaningless if power control is not done properly and effectively. The role of the French Constitutional Court became apparent in its ruling on November 6, 1962, when it established its mission as a "regulator of public power activities." Furthermore, the constitutional amendment on October 29, 1974 allowed a minority in parliament to file a complaint with the Constitutional Court, allowing it to expand its role to protect its rights and freedom. Since then, it has sought certain criteria for screening, handing down many constitutional rulings. Among them, the principle of proportionality is a constitutionally accepted principle similar to the principle of excessive prohibition or proportionality under the Korean Constitution, and it is believed to be meaningful in studying the basis and contents of the principle. The principle of proportionality and the characteristics of examination in French constitution can be summarized as follows: In other words, the review at the top of the hierarchy is always conducted as a full review. The targets include freedom of communication, the right to collective action, the right to vote and the right to stand trial. In the middle of hierarchicality, a full review is made only if there is a significant infringement. To be subject to this is the personal freedom of consultation and the same is true of broad personal freedom. And this principle of proportion applies in the field of administrative law in France, which is also the basic principle of French administrative law.