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초록· 키워드
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The desire for equal society is expressed in various ways in very different societies. The principle of equality being confirmed by many national Constitutions, the question is how we can overcome the inequality which has been formed in the society for a long time.
Nowadays, it is considered that the concept of equality does not mean absolute/formal equality but relative/substantial equality. The concept of relative/substantial equality was not enough to answer to the questions of inequality in some fields where they were raised from the technical, material and/or spiritual problems. Analyzing some cases of Korean Constitutional Court, even it was not clearly determined by itself, we could find a kind of concept which has contributed to complete the concept of relative equality and to answer to the questions concerned. It could be the concept of ‘equality step by step’.
The concept of equality step by step could be defined as equality, realized step by step by the policy of the State improving progressively inequality in a particular field, but in accordance with reasonable standards. In reality, this concept contributed to solve the difference between constitutional norm and constitutional reality. However, depending largely on the legislators’ discretion in achieving its goal, it could be a simple instrument of justifying legislative discrimination.
In this regard, the Constitutional Court has to play some important roles in examining the equality in question. If it is concerned with limitation of rights, the concept has not to be applied in principle. And, even though it is concerned with complement of citizens’ rights, it should not result in partial preference, in particular, continuously.
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참고문헌 (24)
참고문헌 신청
/ / Korean Constitutional Court Report 1, 3, 4, 7-2, 11-1, 13-2, 17-2, 19-1,2
/ / http://elaw.klri.re.kr/
/ / http://www.assembly.go.kr/
Abraham / 1982 / Freedom and the Court: Civil Rights and Liberties in the United States / OxfordUniversitypress
Byen, Jai-Ok / 1992 / Cases on Affirmative Action / Studies on American Constitution 3 : 27 ~ 53
/ / http://elaw.klri.re.kr/
/ / http://www.assembly.go.kr/
Abraham / 1982 / Freedom and the Court: Civil Rights and Liberties in the United States / OxfordUniversitypress
Byen, Jai-Ok / 1992 / Cases on Affirmative Action / Studies on American Constitution 3 : 27 ~ 53
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