宪法法院是政治危机的管理者

Dongwook Cha
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引用次数: 0

摘要

▷代表性民主主义和多数民主主义的象征——国会在国民关注的政治问题上缺乏解决问题的能力,而宪法裁判所则成为了新的解决问题的机构。在提请宪法法院裁决的引人注目的案件中,有很大一部分涉及激烈的政治争议,可能导致政治危机。总统弹劾案既是民主危机,也是宪法危机。2004年和2016年的两次国政危机以政治、行政、经济、社会等领域的稳定结束。宪法裁判所可以通过宪法审判促进政治进程和审议的良性循环。为了使宪法法院在充满活力的政治环境中保持其独立性并继续发挥保护宪法的作用,它需要发展民主和自主的公众支持和监督。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Constitutional Court as a Political Crisis Manager
While the Korean National Assembly, a symbol of representative and majoritarian democracy, was found to lack problem-solving ability on political issues that had attracted public attention, the Korean Constitutional Court emerged as a new problem- solver. A very large proportion of the high-profile cases brought for decision to the Constitutional Court involved intense political controversies which might have led to political crisis. The state of the presidential impeachment is both a crisis of democracy and a crisis of the Constitution. The resolution of the problem was concluded by the judicial judgment of the Constitutional Court, and the two governance crises in 2004 and 2016 ended in considerable stability in the fields of politics, administration, economy, and society. The Constitutional Court can help the political process and the virtuous cycle of deliberation through constitutional trials. In order for the Constitutional Court to preserve its independence in a dynamic political surroundings and continue to play the role of protecting the Constitution, it needs the development of democracy and autonomous public support and monitoring.
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