@article{ART001031273},
author={Kim, Choon-Hwan},
title={A Study on the Judicial Review of Delegated Legislation},
journal={Public Land Law Review},
issn={1226-251X},
year={2005},
volume={29},
pages={279-312}
TY - JOUR
AU - Kim, Choon-Hwan
TI - A Study on the Judicial Review of Delegated Legislation
JO - Public Land Law Review
PY - 2005
VL - 29
IS - null
PB - Korean Public Land Law Association
SP - 279
EP - 312
SN - 1226-251X
AB - This paper is concerned with the controls over rule-making. There are four broad mechanism for the control of rule-making: consultation, publication, legislative scrutiny and judicial review. The nature of the judicial process is nonetheless unsuited to any generalised control over the content of rules. For the checks in the form of consultation, legislative supervision and publication must remain the chief weapons. Where the courts could be more adventurous is, as will be seen, in the standards imposed upon the bureaucracy with respect to the making of administrative rules.Subordinate legislation is susceptible to judicial control. it can be challenged in the followings ways; procedural ultra vires and formal invalidity, substantive ultra vires, delegation, remedies etc,. (주제어) 행정입법(administrative rule-making), 행정입법의 통제(control of administrative rule-making judicial review), 사법적 통제(constitutional petition), 헌법소원, 행정입법의 부작위(nonperformance of rule-making), 위임입법(delegated legislation)
KW - 행정입법(administrative rule-making);행정입법의 통제(control of administrative rule-making judicial review);사법적 통제(constitutional petition);헌법소원;행정입법의 부작위(nonperformance of rule-making);위임입법(delegated legislation)
DO -
UR -
ER -
Kim, Choon-Hwan. (2005). A Study on the Judicial Review of Delegated Legislation. Public Land Law Review, 29, 279-312.
Kim, Choon-Hwan. 2005, "A Study on the Judicial Review of Delegated Legislation", Public Land Law Review, vol.29, pp.279-312.
Kim, Choon-Hwan "A Study on the Judicial Review of Delegated Legislation" Public Land Law Review 29 pp.279-312 (2005) : 279.
Kim, Choon-Hwan. A Study on the Judicial Review of Delegated Legislation. 2005; 29 279-312.
Kim, Choon-Hwan. "A Study on the Judicial Review of Delegated Legislation" Public Land Law Review 29(2005) : 279-312.
Kim, Choon-Hwan. A Study on the Judicial Review of Delegated Legislation. Public Land Law Review, 29, 279-312.
Kim, Choon-Hwan. A Study on the Judicial Review of Delegated Legislation. Public Land Law Review. 2005; 29 279-312.
Kim, Choon-Hwan. A Study on the Judicial Review of Delegated Legislation. 2005; 29 279-312.
Kim, Choon-Hwan. "A Study on the Judicial Review of Delegated Legislation" Public Land Law Review 29(2005) : 279-312.