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A Model Study for Decentralized Constitution

  • DONG-A LAW REVIEW
  • 2014, (65), pp.1-38
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Myung, Jae Jin 1

1충남대학교

Accredited

ABSTRACT

The 30 years old Korean Constitution has urgent task to reform local autonomy system. The centralized authoritarian rule in korean political history made local autonomy system aborted. Compared with other constitutions, many countries have introduced decentralized local autonomy system. Switzerland has transferred central authority to local government through the constitution revisions. In 1992, France has declared itself as decentralized state. In 2011, the United Kingdom has made localism act, to fulfill local autonomy system and endeavor to ensure the participating rights of people in local autonomy. To reform our local autonomy system and bring the balanced development between regions, we need to introduce federal system and direct democracy in Korean Constitution. The federal system grants the local government independence and therefore it brings balanced regional development. The federal system requires also bicameral system as protection system for the local government. Especially the german senate, which represents local governments, can be a best constitutional model to give local governments having voices over region related bills. Direct democracy protects participations of local people in forming of national policy and therefore it contributes balanced development between regions. Switzerland has prescribed referendum and popular initiative in constitution, which compensate and dynamize representative democracy through civic participation. For the realization of decentralized State with federal system and direct democracy, it requires some prerequisites. First, authority division between federal government and state government must be clearly prescribed in constitution not in law. Secondly, the abstract normative control and federal dispute mediation system of germany must be introduced to our constitution to solve the differences of opinion over the federal and state laws. To protect free democratic basic order of constitution, federal government intervention in state problems must be also introduced.

Citation status

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