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A Study on the Judicial Review of Delegated Legislation

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 29(), pp.279-312
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Choon-Hwan 1

1조선대학교

Accredited

ABSTRACT

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)

Citation status

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