@article{ART003210387},
author={CHO YUN JAE},
title={A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2025},
volume={13},
number={2},
pages={291-314}
TY - JOUR
AU - CHO YUN JAE
TI - A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority
JO - Legal Theory & Practice Review
PY - 2025
VL - 13
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 291
EP - 314
SN - 2288-1840
AB - This paper examines the relationship between national legislative power and local legislative authority under the Korean Constitution, aiming to propose a balanced framework for their coexistence. While Article 40 vests exclusive legislative authority in the National Assembly, the practical scope of this power has diminished amid modern societal complexity and the diversification of political power. In contrast, local legislative authority, grounded in Article 117(1), has been strengthened through local elections and decentralization policies, playing a crucial role in establishing regulations that reflect regional characteristics and promote resident participation. This authority should be recognized as a constitutional power rather than mere delegated legislation.
The study underscores the necessity of expanding local legislative powers by exploring its conceptual foundations and legitimacy within the frameworks of the separation of powers and democratic principles. It advocates for redefining the relationship between national and local legislative bodies as cooperative and complementary rather than hierarchical. Furthermore, it emphasizes the need for broader legislative delegation, institutionalized consultation mechanisms, and clearer constitutional recognition to establish a balanced legislative system between the national and local levels.
KW - National legislative power;Local legislative authority;Decentralization;Separation of powers;Democracy
DO -
UR -
ER -
CHO YUN JAE. (2025). A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority. Legal Theory & Practice Review, 13(2), 291-314.
CHO YUN JAE. 2025, "A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority", Legal Theory & Practice Review, vol.13, no.2 pp.291-314.
CHO YUN JAE "A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority" Legal Theory & Practice Review 13.2 pp.291-314 (2025) : 291.
CHO YUN JAE. A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority. 2025; 13(2), 291-314.
CHO YUN JAE. "A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority" Legal Theory & Practice Review 13, no.2 (2025) : 291-314.
CHO YUN JAE. A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority. Legal Theory & Practice Review, 13(2), 291-314.
CHO YUN JAE. A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority. Legal Theory & Practice Review. 2025; 13(2) 291-314.
CHO YUN JAE. A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority. 2025; 13(2), 291-314.
CHO YUN JAE. "A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority" Legal Theory & Practice Review 13, no.2 (2025) : 291-314.
