영국의 인권법과 인권기관
The British Human Rights Act and synopsis of human rights protection organizations
0
조회
0
다운로드
5
인용
0
참고문헌
키워드
초록
When the Europeans discuss democracy, they start from the history and thoughts of Greece and Rome, and when we talk about modern democracy and especially about human rights, we cannot ignore Great Britain. However, the legal system of Britain has so much complexity that it is not easy to introduce it in a simple way. Generally we call the country the United Kingdom,which includes England, Wales and Scotland, but they do not share the same legal system, and therefore it is not easy to describe the legal system of the UK. The UK we are familiar with would mostly be about England. And this thesis would not go beyond that limitation. This thesis is written in order to introduce the human rights act and today's situation of human rights organizations of the UK. By investigating the human rights organizations in the UK that are different in their history and legal traditions from Korea, it is the intention of this thesis to examine the situation of our own human rights organizations from a more objective point of view. Even if the research process was difficult, a fair amount of implication on human rights through the English system could be obtained. This study unfolds in the sequence of content of British Human Rights Act (II), the structure of English human rights organizations (III), and the characteristics and evaluation of English human rights organizations (IV). Britain has an unwritten constitution and did not establish special human rights organization that is comparatively familiar to us. That means the common law courts of Britain have operated as the protection organization of human rights. Besides law courts, various committees operate as complementing organizations that guarantee the parliamentary ombudsman. The enactment of the human rights act of 1998 was a turning point in the protection of human rights and the development of the constitution, and especially in 2006, the equality act was enacted which meets the standard required by international society. This shows a part of process for Britain to become part of an international society that is healthy from the image of the Great Britain that ruled the world in the past. As not much time has passed since the establishment of the British human rights committee, it is too early to evaluate the outcome,however it is clear that the British human rights organizations are established being faithful to the Paris Convention.
Abstract
When the Europeans discuss democracy, they start from the history and thoughts of Greece and Rome, and when we talk about modern democracy and especially about human rights, we cannot ignore Great Britain. However, the legal system of Britain has so much complexity that it is not easy to introduce it in a simple way. Generally we call the country the United Kingdom,which includes England, Wales and Scotland, but they do not share the same legal system, and therefore it is not easy to describe the legal system of the UK. The UK we are familiar with would mostly be about England. And this thesis would not go beyond that limitation. This thesis is written in order to introduce the human rights act and today's situation of human rights organizations of the UK. By investigating the human rights organizations in the UK that are different in their history and legal traditions from Korea, it is the intention of this thesis to examine the situation of our own human rights organizations from a more objective point of view. Even if the research process was difficult, a fair amount of implication on human rights through the English system could be obtained. This study unfolds in the sequence of content of British Human Rights Act (II), the structure of English human rights organizations (III), and the characteristics and evaluation of English human rights organizations (IV). Britain has an unwritten constitution and did not establish special human rights organization that is comparatively familiar to us. That means the common law courts of Britain have operated as the protection organization of human rights. Besides law courts, various committees operate as complementing organizations that guarantee the parliamentary ombudsman. The enactment of the human rights act of 1998 was a turning point in the protection of human rights and the development of the constitution, and especially in 2006, the equality act was enacted which meets the standard required by international society. This shows a part of process for Britain to become part of an international society that is healthy from the image of the Great Britain that ruled the world in the past. As not much time has passed since the establishment of the British human rights committee, it is too early to evaluate the outcome,however it is clear that the British human rights organizations are established being faithful to the Paris Convention.
참고문헌 (19)
- 국민고충처리위원회, "옴부즈만 제도 연구자료집" (2004)
- 김동희, "행정법Ⅰ" (2011), 박영사
- 김광수, "영국 행정심판제도의 운영현황", 공법연구, 38(4), pp.159~181 (2010), 한국공법학회
- 김대순, "영국헌법의 변화: 웨스터민스터 의회는 여전히 주권자인가", 법학연구, 13(2), pp.1~25 (2003), 법학연구원
- 김선화, "영국 헌법개혁의 추이와 내용: 의원내각제의 현대적 전개", 세계헌법연구, 16(4), pp.221~250 (2010), 세계헌법학회한국학회
- 김종철, "전환기의 영국 헌법과 민주주의", 공법연구, 28(3)
- 김현수, "이야기 영국사(개정판)" (2006), 청아출판사
- 임종훈, "영국에서의 인권법 시행과 의회주권원칙의 변화", 세계헌법연구, 11(2), pp.119~136 (2005), 세계헌법학회한국학회
- 차동욱, "유럽통합과 영국에서의 헌법 변화 -유럽인권협약의 국내적 실효성 확보 노력을 중심으로", 영국연구, (24), pp.25~50 (2010), 영국사학회
- A.V. Dicey, "Law of the Constitution", ~ (1957)
- Aileen Kavanagh, "Constitutional Review under the UK Human Rights Act", ~ (2009)
- The Birth of an Ombudsman: A Study of the British Parliamentary Commissioner, "Andrew W.F. Wong", ~
- David Hoffman, "Human Rights in the UK", ~ (2006)
- Geoffrey Marshall, "Geoffrey Marshall, The British Parliamentary Commissioner for Administration", Annals of the American Academy of Political and Social Science, 377 (1968)
- Jack Beatson, "Singh with Stephanie Palmer" (2008), Judicial Protection in the United Kingdom
- Jeremy Paxman, "The English", ~ (1999)
- Equality and Human Rights Commission Thirteenth Report of Session 2009-10, "Joint Committee on Human Rights", ~ (2010)
- Rodney Brazier, "Constitutional Reform", ~ (2008)
- Vernon Bogdanor, "The New British Constitution", ~ (2009)
