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Election and the Method to Determine the Winner in the Elections

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 73(2), pp.467-483
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Hwan Myoung Pyo 1

1제주대학교

Accredited

ABSTRACT

The Constitution declares the principle of national sovereignty. The Constitution as a representative basis for the realization of the will of the sovereign people. The representative should vote for the election of representatives to the necessary means. The Constitution guarantees basic rights as the rights of citizens on the election. In addition, the Constitution has entrusted to form the information on the right to vote as a fundamental right guaranteed by law. Therefore, details on election of the representatives of the people are divided as the case directly described in the Constitution and the case embodied by the law. The Constitution stipulates four principles that govern the elections 'election' as the method of electing the president. In this same connection with the presidential election, the paper pointed out some problems in our constitutional system and present a revised direction thereof. In addition, the Constitution in relation to the National Assembly as the representative organisation of the people, stipulates “the National Assembly consists of members of parliament.” The Constitution stipulates only the method of electing parliamentarians, about the other matters are delegated to law. Accordingly, the Public Offices Election Law stipulates a relative majority representation as the method to determine the winner in election And, it specifies the method to determine the winner without a vote. This paper presents the revised direction about these.

Citation status

* References for papers published after 2022 are currently being built.