미국의 의회 입법권과 위헌법률심사제의 상호관계

• 영문명: The Interrelation between the legislative power of Congress and the power of the Court to review laws passed by Congress in the U.S.
• 발행기관: 한국헌법학회
• 저자명: 석인선(Seok InSun)
• 간행물 정보: 『헌법학연구』憲法學硏究 第10卷 第3號, 511~551쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.09.01

영문 초록

The relationship between the federal Judiciary and Congress is critical to establishing democratic governance, The Judiciary seeks an environment respectful of Its independence. Congress seeks a judicial system that faithfully construes the laws of the legislative branch and efficiently discharges Justice, Governance m the United States is a process of interaction among institutions-legislative, executive, and judicial- with separate and sometimes clashing structures, purposes, and interests, The founders envisioned that constructive tension among those governmental institutions would not only preserve liberty but would also promote the public good, No branch was to encroach upon the prerogatives of the others, yet in some sense each was dependent upon the others for its sustenance and vitality And that interdependence would contribute to an informed and deliberative process Governance is premised on each institution's respect for and knowledge of the others and on a continuing dialogue that produces shared understanding and comity Congress and the Supreme Court are separate but interdependent branches of the federal government, The Supreme Court defines the limits of congressional authority, while Congress confirms the court's members, sets its jurisdiction and pays its bills Just as the court has used its Judicial review powers to influence the shape of federal legislation, so Congress has tried time to time to use its powers over the court to influence the outcome of particular rulings In deciding whether or not to invalidate an act of a coordinate legislative body, a court inevitably must choose between competing social policies Lawmaking is the core decision-making process of a democratic state It is the means for defining, promoting, and regulating community life, In the context of the policymaking process, the interplay of Congress and the courts has vital ramifications for the administrative state itself. How Congress and the Court interact has implications beyond those branches: the nature of that relationship affects the shape and development of policy In that sense, the question is how the Judiciary and the legislative work as they shape pohcy outcomes This article explores the interrelation between the legislative power of Congress and the power of the Court to review laws passed by Congress Chapter II overviews the legislative power of Congress and the power of the Court to review laws passed by Congress in the U S constitutional law It contains overviews on the legislative power of Congress, Judi챠al review of the Court and their constitutional law basis Then, this chapter exammes the interrelation and the interplay between both powers, Chapter ill describes the normative standards m assessing the interrelation between the legislative power of Congress and the power of the Court to review laws passed by Congress This chapter examines the inherent power shaping the legislation of Congress and the democratic justification of Judicial review, And It explores who the authoritative interpreter of the constitution should be In addition, it examiines the debates of the separation of powers In pohtlcal institu?tions Its exploration contains the debates about the traditional role of Congress and judiciary, Judicial actIvIsm and Judicial restraint, Chapter IV searches for finding Its niche in setting up the relation-ship between the power of Congress and Judicial review, This article concludes that relationship between the Court and Con-gress should depend upon a shared understanding of the mutual obli-gations of the branches and the simultaneous need to preserve judi-cial independence as well as to recognize the leg-t-mate role of the legislature

목차

Ⅰ. 문제의 제기

Ⅱ. 미국헌법상 의회 입법형성권과 위헌법률심사제

Ⅲ. 의회 입법권과 위헌법률심사제 관계평가의 규점적 기준

Ⅳ. 의회의 입법형성권과 사법심사의 적소

Ⅴ. 결론

참고문헌

Abstract