인권/공익-구도를 중심으로 하는 법치주의의 재 조명

Abstract

We have adopted the rule of law in order to hate the Byonhakdo Punching the cheek of beautiful Chunhang saying you will let me know your sins, to overcome the rule of man. However, I was frustrated too complicated that how to understand discretion for the rule of law (human rights/public interests=legal stability·legitimacy·purposiveness), the theories of how to interpret(or detection) of in the law and a majority/ minority theory by in the jurisprudence, Trial class system, a three judge panel of the court, The judicial participation system of citizens, a majority/minority/separate opinion and dispute of the Constitutional Court and the Supreme Court by in the trial. 'That is the rule of law!' I'm sure some people might be. Nevertheless Why such a thing has occurred, this is a problem in this paper. Then I wonder to understand how the EU to develop as a federal state(Staatenverein, The German Federal Constitutional court) with the subsidiarity principle not a unitary state, confederatioin of states or a federal state? It is presented as an alternative to the understanding of this law auto-emergence of system theory for the Reduction of complexity of Niklas Luhmann or consensus by the theory of communicative action of Juergen Habermas. However, It seems not fully explain the rule of law because there are many conflicts between of them. Afterward I will arrange the theory of those differences. This section, I presented a coupling theory by operative Constructivism in these theories. Recently Theory of quantum computer and induced pluripotent stem cell theory was awarded the Nobel Prize of 2012, so seem to have a natural scientific and realistic basis, I tried briefly about it. And as modified in the humanities and social sciences of these, I tried a combination of theories of law on the basis of the One Mind · Harmonization Thought of Won-hyo that is presented to integrate the theory of already 1500 years ago.