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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
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Constitutional adjudication is the doctrine under which a specific court with constitutional adjudication power may annul the legislation of Congress when it finds them incompatible with a constitution. The legislation is the product of the policy judgement by Congress. Therefore, constitutional adjudication comes down to the policy judgement by the judiciary. If so, is the judiciary superior to Congress in the policy judgement.
Generally, Congress has a number of advantages over the judiciary in the policy judgement. It has considerable staff, funds, time and procedures to use to effective information gathering and sorting. But these factors are both its strength and its weakness in taking an objective view of the policy. At this point, notwithstanding the constraints on judicial policy judgement, it may be that sometimes the judiciary do a better work of judging policy than Congress does. When would such a result be possible? We can find the answer from the nature of constitutional adjudication.
Constitutional adjudication is the forum that helps deliberation and debate through institutional dialogues between the judiciary and other branches of government. When the judiciary think themselves suffer from institutional shortcomings, it can respect the policy judgement by Congress. These are cases in which Congress has more expertise and democratic legitimacy to assess the given constitutional issue.
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참고문헌 (25)
참고문헌 신청
/ 1988 / Symposium on the Theory of Public Choice / Virginia Law Review 74 : 167 ~
Ashworth, Andrew / 1991 / Interpreting Criminal Statutes : a Crisis of Legality / Law Quarterly Review 107 : 419 ~
Brant, Joanne C. / 1995 / Taking the Supreme Court at its Word : The Implications for RFRA and Separation of Powers / Montana Law Review 56 : 5 ~
Cohen, Marshall / 1985 / Ronald Dworkin and Contemporary Jurisprudence / The University of Chicago Press
Craig P. / 2003 / Law and Administration in Europe / Oxford University Press
Ashworth, Andrew / 1991 / Interpreting Criminal Statutes : a Crisis of Legality / Law Quarterly Review 107 : 419 ~
Brant, Joanne C. / 1995 / Taking the Supreme Court at its Word : The Implications for RFRA and Separation of Powers / Montana Law Review 56 : 5 ~
Cohen, Marshall / 1985 / Ronald Dworkin and Contemporary Jurisprudence / The University of Chicago Press
Craig P. / 2003 / Law and Administration in Europe / Oxford University Press
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