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Study on political party's participation in the Local elections

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 51(), pp.447-484
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

김봉채 1

1성균관대학교

Accredited

ABSTRACT

The term “political party” means a voluntary organization of the nation that aims to participate in political decision-making of the nation by promoting responsible political assertions or policies for the interests of the nation, and recommending or supporting candidates for elective public office. Since introduction of self-government, The problem that a political party has taked part in the local election has discussed. Because the essence of local autonomy is decentralization and the exclusion of political parties but political parties are essentially political integration. In other words, these two systems are the organizing principle of our Constitution but in essence, to pursue conflicting values. Therefore, any one of them is emphasized, the other is damaged. However, the two institutions can not give any organizing principle of liberal democracy, so the two systems will be compromised in harmony. Local electoral participation of political parties should be within the scope that the nature of local government should not be damaged. I think that Political parties participate in local elections by itself should not to undermine local autonomy, but because local people have no experience and awareness for local autonomy, the participation of parties are restricted to a certain range. Our constitution gives parliament legislative discretion for party and Elections for Public Offices. “Act on Elections for Public Offices” allow a local council candidate nominated by the party, and a local council candidate to define his position. Political Parties Act make political party to organize in Seoul and five cities or provinces, and these requirements options have failed, or if political party the last four years, in Election of National Assembly Members by the expiration of the terms of office, or Election of local government head or Local Council Members by expiration of the terms of office shall not participate, has to cancel the registration of political parties. Given these points, the party's participation in local elections should be limited to election of Special Metropolitan City and Metropolitan Cities and mayor of the province and province Council Members.

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