Introduction to the Constitution
Recommended Article: 【Introduction to Law】 Introduction to Law Table of Contents
1. Constitution of the Republic of Korea
4. History of the Constitution
1. Constitution of the Republic of Korea
⑴ Article 53 of the Constitution
① The president must promulgate a bill passed by the National Assembly within 15 days or exercise the ‘request for reconsideration’ right.
⑵ Article 84 of the Constitution
① The president has criminal immunity.
② The statute of limitations is suspended while the president is in office.
③ However, impeachment of the president has the effect of confiscation of trial costs.
⑶ Customary Constitution
① The fact that Seoul is the capital of the Republic of Korea : Because of this, attempts to relocate the administrative capital to Sejong City have failed.
⑷ In 2008, the Constitutional Court ruled as ‘constitutional’ the provision prohibiting lawyers from using the title ‘tax accountant.’
⑸ Constitution and the National Assembly of the Republic of Korea
2. Foreign Constitutions
⑴ United States Constitution
① Amendment 14, Section 3
○ Anyone who, after taking an oath to uphold the Constitution, engages in rebellion or insurrection, or gives aid to its enemies, cannot serve as a member of Congress, elector for President and Vice President, or hold any office in federal or state governments.
⑵ New Zealand Constitution
① According to the New Zealand Constitution, New Zealand and Australia can become one country at any time if New Zealand expresses intention.
② In 2023, the Australian government allowed New Zealand citizens residing in Australia for more than 4 years to acquire citizenship immediately without obtaining permanent residency.
3. Constitutional Court
⑴ Authority 1. Constitutional Complaint
① Can be reviewed when an individual’s basic rights are violated
⑵ Authority 2. Competence Dispute Judgment
① Comparison between competence dispute judgment and preliminary injunction
○ A system to request judgment from the Constitutional Court in case of disputes over powers between state agencies or local governments
○ Preliminary injunction : A procedure where the Constitutional Court suspends the effect of a disposition (amended law) by the respondent (National Assembly) before the main judgment (competence dispute) is made
⑶ Judgment of Unconstitutionality
① Type 1. Simple Unconstitutionality : Declares the clause itself unconstitutional because it clearly contradicts the explicit provisions of the Constitution or the essence of the system, and decides to delete it entirely
② Type 2. Limited Unconstitutionality : Declares the court’s interpretation unconstitutional while leaving the legal clause intact
③ The Supreme Court does not acknowledge limited unconstitutionality
4. History of the Constitution
⑴ Rule of the Son of Heaven and Mandate of Heaven (East Asia)
⑵ Free citizens and Assembly system in Ancient Greece
① At that time, free citizens referred to adult males from a small ruling class who owned slaves
⑶ Magna Carta
① A feudal contract document established in the early 13th century when British nobles resisted royal absolutism, setting obligations the king must observe (1215); it legally regulated royal power and greatly contributed to the development of modern constitutionalism
② Ultimately, constitutional systems arose from deep distrust toward those in power
⑷ Progressivism : A new era emerged based on social development and awakening of human consciousness
⑸ Civil Revolutions - English Puritan Revolution: Became a catalyst for the Glorious Revolution
⑹ Glorious Revolution (1688) : Supplemented the feudal legal system and became a trigger for modern constitutionalism
⑺ Modern Constitutionalism
① Constitutionalism : A system that puts the monarch’s arbitrary power under the regulation of law and parliament, advocating justice and order by the citizen class
② Modern Constitutionalism : A philosophy to guarantee citizens’ human rights by placing political power under the control of law, especially the constitution, backed by the power of citizens
③ A political system invented by the modern bourgeois class to replace the monarch’s arbitrary rule with rule of law
⑻ U.S. Declaration of Independence (1776)
Input: 2023.12.20 22:48