@article{ART000938416},
author={Lee Young Woo},
title={A Study on the Double Standard Doctrine},
journal={Public Land Law Review},
issn={1226-251X},
year={2004},
volume={24},
pages={511-530}
TY - JOUR
AU - Lee Young Woo
TI - A Study on the Double Standard Doctrine
JO - Public Land Law Review
PY - 2004
VL - 24
IS - null
PB - Korean Public Land Law Association
SP - 511
EP - 530
SN - 1226-251X
AB - At the core of a constitutional suit is the boundary problem how far we able to limit on requisites for fundamental rights limitation occasions. Although substance of legislation related to this issue is different a little in all parts of the world, it is prescribed that fundamental rights limitation is possible as reasons for national security, order maintenance, and public welfare, presented variously the marginal principle of basic rights limitation and a yardstick for judgement from suitability for the constitution.Double standard doctrine means that the standard as well as the extent of limitation needs to be varied as a character of fundamental rights in case that governmental power restricts the fundamental human rights of the nation, which is formed and advanced through precedents of the U.S.A Supreme Court among these.To be it concretely, it is a theory that fundamental rights distinguish between civil liberties of the body and spirit and the fundamental rights of economy and property, and that the value of the former is superior to that of the latter, a way and criterion of limitation for both needed to be changed.Although the economic freedom and property right of the individual are demanded to be restricted considerably for the shake of public welfare in a social law-governed country nowadays, there is a reason why double standard is claimed in that national welfare isn't increased however mental freedom is restricted(주제어) 이중기준론, 신이중기준론, 새로운 재산론, 적극규제, 소극규제
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Lee Young Woo. (2004). A Study on the Double Standard Doctrine. Public Land Law Review, 24, 511-530.
Lee Young Woo. 2004, "A Study on the Double Standard Doctrine", Public Land Law Review, vol.24, pp.511-530.
Lee Young Woo "A Study on the Double Standard Doctrine" Public Land Law Review 24 pp.511-530 (2004) : 511.
Lee Young Woo. A Study on the Double Standard Doctrine. 2004; 24 511-530.
Lee Young Woo. "A Study on the Double Standard Doctrine" Public Land Law Review 24(2004) : 511-530.
Lee Young Woo. A Study on the Double Standard Doctrine. Public Land Law Review, 24, 511-530.
Lee Young Woo. A Study on the Double Standard Doctrine. Public Land Law Review. 2004; 24 511-530.
Lee Young Woo. A Study on the Double Standard Doctrine. 2004; 24 511-530.
Lee Young Woo. "A Study on the Double Standard Doctrine" Public Land Law Review 24(2004) : 511-530.
