본문 바로가기
  • Home
Basic Search

A Study on the Legitimacy of Expanding and Strengthening Local Legislative Authority

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(2), pp.291~314
  • DOI : 10.30833/LTPR.2025.05.13.2.291
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 22, 2025
  • Accepted : May 28, 2025
  • Published : May 31, 2025

Cho, Yun-Jae 1

1신한대학교

Accredited

ABSTRACT

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.

Statistics

  • 681 Viewed
  • 0 Downloaded

Tools

Issue List

Citation status

* References for papers published after 2025 are currently being built.

Basic Search Advanced Search