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@article{ART002446464},
author={Jongho Kim},
title={A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2019},
volume={7},
number={1},
pages={153-189}

TY - JOUR
AU - Jongho Kim
TI - A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control
JO - Legal Theory & Practice Review
PY - 2019
VL - 7
IS - 1
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 153
EP - 189
SN - 2288-1840
AB - In this paper, the sports gambling judgment and non-smoker protection law was examined as a question of the right of freedom and the requirement of the systematic synthesis of constitutional analysis, also were examined the control of the legislator’s prediction through the rationalization of value judgment or comparison judgments of judges. In order to discuss the extension of the application of the request for systematic synthesis of the constitutional interpretation, judgment on the state waste disposal law and the Harz IV decision in Germany were examined closely. The reason for introducing the notion of interpretation that is appropriate to the constitutional system distinguished from the constitutional interpretation in this paper is not a matter of simple classification, but rather a form of interpretation of the statute, not whether the statute is unconstitutional or constitutional, I would like to explain that the fact that the constitutional interpretation can act in the situation has been so far. However, it is very meaningful to put a conceptual device which is appropriate to the constitutional system as a means to issue and evaluate the issue including the interpretation of the constitutional interpretation. As I have introduced in this paper, I think it is an academic achievement to review the efforts of the interpretation of the Constitution that made the action and the function of the Constitution not limited to the Constitution as a control norm in a narrow sense. However, it should be noted that the introduction of the interpretation concept appropriate to the constitutional system can only be criticized as a consideration of the Constitution in the interpretation of the ordinary law, and there is a risk that actual unconstitutionality judgment may be concealed. In addition, in relation to the harmful effects of the constitutionalization, there is a limited view of the limited scope of the interpretation that is appropriate to the Constitutional system, such as the low level of discipline or the direction of comparative sentence, it can basically be admitted that it can be judged separately whether it actually functions or not.
KW - Constitutional interpretation;systematic synthesis;controllable norm;general clause;uncertainty concept;constitutional litigation.
DO -
UR -
ER -

Jongho Kim. (2019). A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control. Legal Theory & Practice Review, 7(1), 153-189.

Jongho Kim. 2019, "A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control", Legal Theory & Practice Review, vol.7, no.1 pp.153-189.

Jongho Kim "A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control" Legal Theory & Practice Review 7.1 pp.153-189 (2019) : 153.

Jongho Kim. A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control. 2019; 7(1), 153-189.

Jongho Kim. "A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control" Legal Theory & Practice Review 7, no.1 (2019) : 153-189.

Jongho Kim. A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control. Legal Theory & Practice Review, 7(1), 153-189.

Jongho Kim. A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control. Legal Theory & Practice Review. 2019; 7(1) 153-189.

Jongho Kim. A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control. 2019; 7(1), 153-189.

Jongho Kim. "A Review of Systematic Synthesis Request of Constitutional Interpretation as a Norm Control" Legal Theory & Practice Review 7, no.1 (2019) : 153-189.