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ecentralization and Revision of the korean constitution

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.761-787
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Moon, Byoung Hyo 1

1강원대학교

Accredited

ABSTRACT

This paper deals with decentralization and constitutional issues. We discussed the meaning of the decentralization and the issue in the amendment. The Revision of the korean constitution for decentralization is desirable, but decentralization is not necessarily realized by the amendment. And the realization of decentralization itself can not be a goal. What should be done through the realization of decentralization should be the ultimate goal. It is possible to take measures to actualize decentralization as much as possible under the current law. However, legislative measures should be based on the concession of central political power, but this is not a simple matter that can be solved. In this sense, the reform of the decentralization through the amendment can become a means of realizing the decentralization at any moment. However, the goal of decentralization through amendment is also difficult to achieve. There is a wide spectrum of constitutional amendments and there is a lot of interest, especially in the concession of political power and the will to reform the decentralization. What is being addressed as a key issue in decentralization and amendment is bilateralism, federalism and the expansion of autonomous legislative rights. In addition, what it should not be forgotten in preparing for the amendment is the enlargement of citizen participation and the quality of the public life. We must consider why many overseas cases are remembered as successful cases of decentralization and inhabitants' participation. Decentralization without the participation of the residents is limited. If there is no citizen participation, even if they are granted autonomy, they can become a tool to represent a specific interest group. The actual decentralization is to give the locals major decision-making powers. Decentralization, inhabitants participation, and substantial empowerment will be key issues. The amendment for decentralization should be a step toward substantive democracy beyond the current dominated by the top-down paradigm. Local governments should realize politics that will help the welfare and quality of life of local residents. There is a very tight time for the abrupt revision of the constitutional debate to reach the constitutional realization.

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