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The Korean Constitution and Referendum: A Critical View de lege ferenda

  • Public Land Law Review
  • Abbr : KPLLR
  • 2006, 33(), pp.441-464
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

음선필 1

1순천향대학교

Accredited

ABSTRACT

Referendum, as a means of direct democracy, has been useful in ameliorating some crises and in resolving some questions that established representative institutions could not manage.There are two kinds of referendum in the Korean Constitution. The one is a referendum on important policies relating to the national destiny(Art. 72); the other is one on amendment of the Constitution(Art. 130). In view of representative democracy, the latter is desirable; the former is even very dangerous because it could undermine the democratic function of the National Assembly. The author suggests an abrogative referendum be proper to the Korean constitution on the ground that it doesn't replace representative democracy but complement it. Moreover, it can be a weapon that takes control of the referendum away not only from the government but also from the political class.

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