@article{ART001497479},
author={Moon-Hyun Koh},
title={A Comparative Constitutional Analysis on Local Decentralization},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={51},
pages={419-446}
TY - JOUR
AU - Moon-Hyun Koh
TI - A Comparative Constitutional Analysis on Local Decentralization
JO - Public Land Law Review
PY - 2010
VL - 51
IS - null
PB - Korean Public Land Law Association
SP - 419
EP - 446
SN - 1226-251X
AB - The notion of local self-government has been historically and empirically formulated according to situation of each country. Therefore, each country provides constitutional article for local self-government in a different way.
This essay aims to find a way to constitutional revision by comparative constitutional analysis of 11 major countries on local decentralization. To this aim, this essay covers meaning of local decentralization in chapter 2, and then analyzes constitutional article on local decentralization of 11 major countries in chapter 3. As a result, Korea is the very last country in that Korea provides only two articles for local self-government in Korean constitution. Into the bargain, the Korean constitutional text of the local self-government-related articles is too simple and abstract. Accordingly, they provide few directions for lawmaker. And the local self-government-related articles delegate to law too much. As a result, the legislature has too much discretion. Some implications for constitutional revision in order to strengthen local self-government and decentralization are presented in chapter 4 of this essay.
First, it is necessary to make it clear that ideology of local decentralization and balanced national development shall be provided in the Preamble to the Constitution. Second, it is also necessary to make it clear that local decentralization as ideology of nation shall be provided in the General Article to the Constitution. Third, it is also necessary to make it clear that the principle of subsidiarity and one's own responsibility shall be provided in the power of local self-government. Fourth, kinds of local self-government shall be fixed in the text of constitution in order to avoid over-delegation to law. And Jeju Special Self-Governing Province as exceptional case shall be fixed in the text of constitution. Fifth, basic composition and operation of local self-government shall be determined by local ordinance, as far as it is not against law of the state. Sixth, the high power of financial autonomy shall be constitutionally guaranteed for the local self-government. Seventh, the power of filing a complaint with the court shall be constitutionally guaranteed for the local self-government. Eighth, the representativeness of local residents shall be secured as the source of legitimacy for the power of local self-government. Ninth, the guaranteeing of participation of residents shall be prescribed in the constitution.
In short, constitutional guarantee for the local self-government is not sufficient comparing to that of advanced countries in local self-government such as French, Germany and Spain. It is high time that we should prepare for Constitutional revision to strengthen local self-government and decentralization.
KW - 지방분권(local decentralization);지방자치(local self-government);국가경쟁력(national competitiveness);헌법개정(constitutional revision);보충성 원칙(the principle of subsidiarity);자치입법권(the power to legislate on local self-government)
DO -
UR -
ER -
Moon-Hyun Koh. (2010). A Comparative Constitutional Analysis on Local Decentralization. Public Land Law Review, 51, 419-446.
Moon-Hyun Koh. 2010, "A Comparative Constitutional Analysis on Local Decentralization", Public Land Law Review, vol.51, pp.419-446.
Moon-Hyun Koh "A Comparative Constitutional Analysis on Local Decentralization" Public Land Law Review 51 pp.419-446 (2010) : 419.
Moon-Hyun Koh. A Comparative Constitutional Analysis on Local Decentralization. 2010; 51 419-446.
Moon-Hyun Koh. "A Comparative Constitutional Analysis on Local Decentralization" Public Land Law Review 51(2010) : 419-446.
Moon-Hyun Koh. A Comparative Constitutional Analysis on Local Decentralization. Public Land Law Review, 51, 419-446.
Moon-Hyun Koh. A Comparative Constitutional Analysis on Local Decentralization. Public Land Law Review. 2010; 51 419-446.
Moon-Hyun Koh. A Comparative Constitutional Analysis on Local Decentralization. 2010; 51 419-446.
Moon-Hyun Koh. "A Comparative Constitutional Analysis on Local Decentralization" Public Land Law Review 51(2010) : 419-446.
