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The Legal Relations between Laws and Ordinances

  • Public Land Law Review
  • Abbr : KPLLR
  • 2004, 24(), pp.253-272
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Choon-Hwan 1

1조선대학교

Accredited

ABSTRACT

Ordinances as the local autonomy law are created by national laws and should not violate them because self-governing bodies enact them within national power. Korean constitutional law §117 and local autonomy law §15 provide expressly the limit and extend of ordinances as mentioning “ordinances should enact within laws and Regulations.” Therefore the ordinances will not be valid if they violate laws and Regulations. But in the present day, the right of making ordinances by self-governing bodies have highly extended to the additional ordinances and excess ordinances. In this paper, the theory of prior occupation of national laws will be mentioned and examined thoroughly the theory of limits of right of making ordinance from viewpoint of the modern administration and the theory of modern local autonomy.

Citation status

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